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REPORT 


THE  PRINCIPAL  FISIIEPJES 


THE  AMERICAN  SEAS 


PUEPARED  FOR 


THE  TREASURY  DEPARTMENT  OF  THE  UNITED  STATES 


LORENZO  SABINE,  OF  MASSACHUSETTS; 


SUnMITTED  BY  THE  HON,  THOXfAS  CORWIIV,  SECRETARY  OF  THE  TREASUIiy, 

AS  A  PART  OK  Ills  ANMJAI,   RBPOKT  ON  THE  FINANCES,  AT  THE 

SECOND  SESSION  OF  THE  TlflRTV-SECOND  CONGRESS. 


WASHINGTON: 

ROBKRT  ARMSTRONG,  PRINTER. 

1S53. 


o 


»v. 


Extract  from  the  report  of  lion.  Thomas  Corwiv,  Secretary  of  the  Treasury. 

«  "Treasury  Department,  January  15,  1853. 

"  The  subject  of  the  fisheries  being  one  of  high  hnportance,  and  having  recently  attracted 
great  and  general  attention,  I  transmit  herewith  a  highly  interesting  and  valuable  report  pre- 
pared for  tills  Department  by  Lorenzo  Sabine,  esq.,  embracing — 

"  1.  A  report  on  the  fisheries  in  the  American  seas  of  France,  Spalu,  and  Portugal. 

"2.  A  report  on  the  fisheries  of  Newfoundland,  Nova  Scotia,  Cape  Breton,  Prince  Ed- 
ward's island,  Magdelene  islands.  Bay  of  Chalenrs,  Labrador,  and  New  Brunswick. 

"  3.  Report  on  the  fisheries  of  the  United  States. 

"  4.  Review  of  the  controversy  between  the  United  States  and  Great  Britain  as  to  the  intent 
and  meaning  of  the  first  article  of  the  convention  of  1818." 


72 


.'   J 


REPORT 

Off    THE 

PRINCIPAL  FISHERIES  OF  THE  MERICAxN  SEAS: 

BY  LORENZO  SABINE. 


Custom-house,  Boston, 
Collector's  Office,  December  10,  1852. 

Sir  :  I  transmit  herewith   a  report   on  the   fisheries,  by  Lorenzo 
Sabine,  esq.,  whicli  lie  has  prepared  for  the  department. 
I  am,  sir,  very  respectfully,  your  obedient  servant, 

P.  GREELY,  Jr., 

Collector. 
Hon.  Thomas  Cokwin, 

Secretary  of  the  Treasury,  Washington,  D.  C. 


Framingham,  December  6,  1S52. 

Sir  :  I  submit  herewith  the  report  which  I  have  prepared,  in  ac- 
cordance with  3^our  instructions  of  the  2d  of  February  last. 

More  than  twenty  years  have  elapsed  since  I  formed  the  design  of 
writing  a  work  on  the  American  fisheries,  and  commenced  collecting 
materials  for  the  purpose.  My  intention  embraced  the  whale  fishery 
of  our  flag  in  distant  seas;  the  fisheries  of  our  own  coasts,  lakes,  and 
rivers,  as  well  as  those  which  we  prosecute  within  British  jurisdiction, 
under  treaty  stipulations ;  and  the  fisheries  of  the  Indian  tribes  within 
the  hmits  of  the  United  States.  That  a  part  of  my  plan  has  now 
been  executed,  is  owing  entirely  to  the  interest  and  zeal  which  you 
have  manifested  in  the  undertaking. 

Our  first  intervi(!w  upon  the  subject  was  caused  by  a  communication 
to  you  from  the  Treasury  Department,  in  which  the  Secretary  con- 
veyed a  request  that  a  report  of  hmited  size  should  be  furnished  fi-om 
your  own  office.  During  our  conversation,  you  expressed  a.  desire  to 
look  over  my  collection  of  documents  and  state-papers,  and  they  were 
accordingly  deposited  with  you  for  examin;ition.  On  returning  them 
to  me,  you  were  ple;ised  to  give  a  favorabh^  opinion  of  their  vahie,  and 
to  say  that  you  would  at  once  suggest  and  recommend  to  Mr.  Corwin 
the  expediency  of  employing  m(;  to  write  a  paper  somewhat  more 
elaborate  than  he  had  contemplated. 

Subscijuently,  you  announced  to  me  that  \\ir  Secretary  promptly 
adopted  your  views,  and  submitted  the  whole  matter  to  your  discrclion. 


6 

I  undertook  the  task  with  all  my  heart,  and  with  a  determination  to 
complete  it,  if  possible,  in  a  manner  to  meet  the  expectations  of  the 
department  and  of  yourself.  It  is  finished.  Whatever  the  judgment 
pronounced  upon  it,  T  have  still  to  express  my  grateful  acknowledg- 
ments to  Mr.  Corwin  for  the  kindness  which  has  allowed  the  partial 
gratification  of  a  long-cherished  wish,  and  to  you  for  the  original  sug- 
gestion, for  your  countenance,  your  sympathy,  and  your  personal  super- 
vision. 

If  I  may  venture  to  hope  that,  as  the  result  of  my  labors,  an  import- 
ant branch  of  national  industry  will  hereafter  be  better  understood  and 
appreciated  by  such  of  our  countrymen  as  have  never  devoted  particu- 
lar attention  to  its  history,  I  may  venture  to  repeat  that  all  commenda- 
tioa  rightfully  belongs  to  you. 

Nor^would.  I  forget  that  my  thanks  are  also  due  to  William  A.  Well- 
man,  esq.,  your  principal  deputy  collector,  who,  at  our  second  inter- 
view, generously  relinquished  his  own  favorite  plan  of  writing  a  report 
upon  our  cod  and  mackerel  fisheries,  and  expressed  a  decided  wish 
that  the  duty  should  be  transfeiTcd  to  me,  as  well  as  his  readiness  to 
afford  me  all  possible  aid.  His  knowledge  and  experience  have  been 
of  material  assistance.  I  am  indebted  to  him  for  important  facts  which 
were  to  be  obtained  of  no  other  person,  for  information  which  has  cor- 
rected my  views  and  opinions  in  several  particulars,  and  for  statisti- 
cal matter  of  great  value. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

LORENZO  SABINE. 

Philip  Greely,  Jr.,  Esq., 

Collector  of  the  Customs  port  of  Boston  and  Charlestown. 


PART  I. 
FRANCE,   SPAIN,  PORTUGAL 


COD-FISHERY  OF  FRANCE. 

The  French  were  the  first  Europenn  cod-fishers  in  the  American 
seas.  There  is  a  tradition  among  the  fishermen  of  Biscay  that  their 
countrymen  visited  Newloundland  before  the  time  of  Columl^us.  It  is 
said,  indeed,  that  the  great  discoverer  was  informed  of  the  fact  by  a 
pilot  who  had  been  engaged  in  the  enterprises.  The  story,  improbable 
as  it  is,  seems  to  have  been  treated  with  respect  by  some  writers  of  the 
sixteenth  century,  but  may  be  dismissed  now  as  one  which  rests  upon 
no  clear  and  authentic  testimony. 

But  that  the  Newf()undland  fisheries  were  known  to  the  Biscayans 
and  Normans  as  early  as  the  year  1504,  is  quite  certain.  When 
Cabot  discovered  our  continent,  Europe,  including  England,  was  Cath- 
olic; and  during  the  fasts  of  the  church,  the  pickled  herring  of  Holland 
was  the  principal  food.  The  consumption  of  fish  was  immense;*  and 
the  Dutch,  having  enjoyed  the  monopoly  of  the  supply,  had  become 
immensely  rich.  The  knowledge  communicated  Iw  Cabot  and  the 
voyagers  who  followed  him,  that  the  waters  of  America  contained,  not 
only  an  abundance,  but  many  varieties  of  fish,  gave  rise  to  an  excite- 
ment on  the  subject  of  fishing  hardly  less  intense  than  is  witnessed  at 
the  present  lime  relative  to  mining.  Persons  of  the  lligh(^^t  rank,  and 
not  engaged  in  commercial  pursuits,  became  shareholders  in  adventures 
to  the  new  fishing-grounds.  And  though  the  Dutch  refused  to  abandon 
the  particular  fishery  by  which  they  had  obtained  both  wealth  and  ce- 
lebrity, vessels  wearing  the  flags  of  France,  England,  Spain,  and 
Portugal  came  annually  in  search  of  the  cod — as  we  shall  see — for 
nearly  a  "century  before  a  single  European  colony  was  founded  in 
America  north  of  the  ancient  limits  of  the  United  States. 

Of  the  incidents  of  the  French  fishing  voyage  of  1504  I  have  not 

*  Documents  which  show  the  immense  consumption  of  fish  are  to  be  met  with  by  thp 
students  (if  history  everywhere.  The  following  incidents,  selected  from  ii  number,  will  suffi- 
ciently illustrate  the  statement  in  the  text: 

"The  bill  of  fiire  of  the  feast  given  on  the  inarri;ip;e  of  Henry  IV  to  liis  Qneen  Joan,  of 
Navarrc!,  at  Winchester,  in  140;?,  'is  yet  in  exist<Mice,  writt^'u  on  parehnient,'  remarks 'a 
chronicler  of  curious  thin<;sof '  the  olden  tim<^;'  uniltlutbauquet  cousist(;d  of  six  courses — three 
of  flesh  and  fowl,  arid  thnr  of  J]  s  It.  In  the.  '  first  course  of  Fi/slif,'  wv.ro  '  Sultij  ft/slif,'  and 
'  llrrmr,  samoun  rosfyl.'  'CX'the  eonirorts  of  the  pour,'  HItli  century,  says  an  i''iii,dish  journal, 
'we  iriay  fi.riii  a  tolerulily  correct  notion  from  the  hiiurics  rejiislered  in  the  iKUiseliold  Imok 
of  the  j;reat  I'^arl  of  Northumberland.'  I'roni  this  document  it  appears  that,  in  one  of  the 
most  uoble  and  splendid  estiililislinients  of  the  kini^dom,  the  retaiui'rs  and  servants  hail  but 
spare  and  unwholsomc  diet — salt  heef  mutton,  arul  Jis/i  ihrrr-fiiiirt/is  (d"  the  year,  with  liftl(>  or 
no  ve<.'<'tabl(!s ;  so  that,  as  ITuiim;  says,  '  tiiere  camiot,  be  anythiiii;  more  erroneous  than  tli<< 
nia;'nificent  ideas  formed  of  the  roust  licrf  of  old  Kiifrlaml.'  Nf)r  does  it  seem  that  'my  lord 
and  lady' themsflves  fared  mueh  better  than  their  '  retainers,'  since  for  ilieir  breakfast  they 
had  '  a  <|uart  id'  beer,  as  rnucli  wine,  lira  pirrr.s  of  uti/l  fish,  sif  rril  hcrr'niirx,  four  irliitr.  ours,  mid 
a  dish  of  sprats.'  In  !'",iii,diiMd,  iu  the  same  ciMilury,  'the  (irsr  dish  br()ui,'hi  to  table  on  Ivister 
day  waM  ii  rid  herring  riding'  away  on  horseback;'  that  is,  it  was  tlit;  cook's  duty  to  set  this 
fish  '  in  curn  sallad,'  and  make  it  look  like  a  man  riding  on  a  horse." 


8 

been  able  to  find  any  account;  but  there  is  mention,  four  years  later, 
of  Thomas  Aubert,  who  came  from  Dieppe  to  Newfoundland,  and 
who,  previous  to  his  return,  explored  the  river  St.  Lawrence.  We 
learn,  further,  that  the  fishery  increased  rapidly,  and  that,  in  1517, 
quite  fifty  ships  of  different  nations  were  employed  in  it. 

The  flag  of  France  was  probably  the  most  numerous,  since,  in  1527, 
an  English  captain  at  Newfoundland  wrote  to  his  sovereign,  Henry 
VITI,  that  in  the  harbor  of  St.  John  alone  he  found  fishing  eleven  sail 
of  Norman  and  one  Breton.  Francis  I,  at  this  period,  was  engrossed 
by  a  passionate  and  unsuccessful  rivalry  with  Charles  V  of  Spain, 
and  could  hardly  attend  to  so  humble  an  interest.  ''But  Chabot,  ad- 
miral of  France,  acquainted  by  his  office  with  the  fishermen,  on 
whose  vessels  he  levied  some  small  exactions  for  his  private  emolu- 
ment, interested  Francis  in  the  design  of  exploring  and  colonizing  the 
new  world."  Jacques  Cartier,*  of  St.  Malo,  who  was  considered  the 
best  seaman  of  his  day,  was  accordingly  intrusted  with  the  command 
of  an  expedition  in  1534. 

The  French  appear  to  have  had  establishments  on  shore,  for  the 
purposes  of  the  fishery,  in  1540;  but  we  have  no  certain  information 
with  regard  to  them.  In  1577  they  employed  no  less  than  one  hundred 
and  fifty  vessels,  and  prosecuted  the  business  with  great  vigor  and 
success.  After  the  accession  of  Henry  IV — the  first  of  the  Bour- 
bons— and  under  the  auspices  of  his  illustrious  minister.  Sully,  the  New- 
foundland cod-fishery  was  placed  under  the  protection  of  ihe  govern- 
ment. 

Previous  to  1609,  so  constant  and  regular  was  intercouise  with  our 
fishing-grounds  that  Scavalet,  an  old  fisherman,  had  made  forty 
voyages. 

Without  statistics  in  the  early  part  of  the  seventeenth  century,  we 
only  know,  generally,  that  there  was  a  material  decline  in  this  distant 
branch  of  industry,  caused,  possibl}^  by  the  civil  commotions  at  home. 
But  in  the  year  1645,  though  the  number  of  vessels  employed  was  fifty 
less  than  in  1577,  the  fishermen  of  France  were  deemed  by  English 
writers  to  be  formidable  rivals  of  their  own.  Disputes  and  ^bloodshed 
had  then  occurred — precursors  of  long  and  distressing  wars  for  the 
mastery  of  the  fishing-grounds. 

Meantime  the  successes,  the  explorations,  and  the  representations 
of  the  hardy  adventurers  to  our  waters  for  an  article  of  food  for  the 
fast-days  of  the  church  had  led  to  the  most  important  political  results. 
The  limits  of  this  report  do  not  permit  minute  statements ;  and  I  will 
cfnly  remark  that,  when  Cartier — already  referred  to — made  his  first 
voyage,  the  design  of  the  French  monarch  was  merely  to  found  a  single 
colony  in  the  neighborhood  of  the  fishing-banks,  but  that  the  informa- 
tion of  the  country  communicated  to  Francis  on  the  navigator's  return, 
confirming  as  it  did  the  descriptions  of  the  fishermen  of  Normandy 

*  Jacques  Cartier  was  a  native  of  St.  Malo.  Francis  I  sent  him  on  liis  first  voyage  in  15;J4. 
He  made  a  second  voyage  in  1535;  and,  when  ready  to  depart  from  France,  he  went  to  the 
cathedral,  with  his  whole  company,  to  receive  the  bishop's  benediction.  Many  of  his  com- 
panions were  yomig  men  of  distinction.  He  came  to  the  French  pos.sessions  in  America  a 
third  time  in  1540,  as  pilot,  and  in  command  of  five  ships,  under  Francois  de  la  Eoque,  lord  of 
Eoberval,  who,  commissioned  as  governor  of  Canada,  was  intrusted  with  the  supreme  au- 
thority.   Cartier  published  an  account  of  Canada  after  his  second  voyage. 


9 

and  Biitt,!im%  inducrd  a  more  extended  plan,  and  the  possession,  for 
pennjuient  colonization,  of  the  vast  region  ti-oni  which,  alter  the  voyages 
and  discoveric^s  ot"  l\)ntgTave,  of  Clianiplain,  and  others,  were  formed 
the  colonies  of  Canada  and  Nova  Sccjtia,  and,  in  due  time.  Cape  Breton. 
Thus  it  is  historically  true  that  France  was  directly  indebted  to  her 
fisheries  lor  her  possessions  in  America. 

The  right  to  these  possessions  was  soon  disputed.  In  an  age  when 
kings  claimed,  each  for  himself,  all  the  lauds  and  seas  that  his  subjects 
saw  or  sailed  over,  and  when  charters  and  grants  were  framed  in 
perfect  ignorance  of  the  domains  which  they  transferred,  almost  in 
levity,  to  favorites,  it  could  not  but  sometimes  happen  that  the  subjects 
of  dilierent  crowns  received  patents  of  precisely  the  same  tracts  of 
country,  and  that,  on  lines  where  French  and  English  grants  met,  the 
boundaries  were  so  vaguely  and  uncertainly  described  as  to  produce 
long  and  bitter  contentions. 

Such,  indeed,  was  the  case  to  an  extent  to  disturb  the  peace  of  the 
colonists  of  America  for  more  than  a  century.  As  most  of  the  contro- 
versies irom  this  source  are  connected  with  our  subject,  a  notice  ot  them 
is  indispensable. 

The  first  difficulties  occurred  in  the  country  known  for  a  long  time 
as  "Acadia,"  which  may  be  described,  generally,  as  embracing  the 
.whole  of  the  present  colonies  of  Nova  Scotia  and  New  Brunswick,  and 
Maine  between  the  Kennebec  and  the  St.  Croix  rivers.  It  is  suffi- 
ciently definite  for  our  purpose  to  say  that  this  immense  territory  was 
claiuied  by  both  crowns,  and  that  the  subjects  of  both — the  one  resting 
on  the  English  grant  to  Sir  Wilhain  Alexander,  and  the  other  on  the 
French  patent  to  De  Monts — settled  upon  it,  and  fished  in  its  seas,  as 
inclination  led  them. 

The  treaty  of  St.  Germains,  in  1G32,  hushed  f  )r  a  while  the  earlier 
disputes,  since  Charles  I,  who  had  married  a  French  princess,  re- 
signed by  that  instrument  all  the  plajes  in  Canada,  Nova  Scotia,  and 
Cape  Breton  occupied  by  persons  who  owed  allegiance  to  him;  yet,  as 
the  English  people  condemned  the  cession,  and  as  neither  lines  nor 
limits  w«re  defined,  new  contentions  arose,  which,  as  we  shall  see, 
were  terminated  only  with  the  extinction  of  French  power  in  this  hemi- 
sphere. In  fact,  historians  of  atknowledged  authority  consider  the 
treaty  of  St.  Germains  as  among  the  prominent  causes  of  the  American 
Revolution,  inasmuch  as  the  disputes  to  which  it  gave  rise  disturbed, 
finally,  the  relations  between  England  and  her  thirteen  colonies. 

Twenty-two  years  elapsed,  and  Cromwell,  in  a  time  of  profound 
peace  with  France,  took  f<)rcible  possession  of  Nova  Scotia,  claiming 
that  its  cession  by  Charles  was  fraudulent.  He  erected  it  into  a  colony, 
and  organized  a  government.  It  was  considered  Inghly  valuable,  and 
Englishmen  of  rank  aspired  to  become  its  proprietary  lords  fiom  the 
moment  of  its  acquisition. 

The  French  court  r*  inoiistratcd,  wiilioin  changing  the  purpose  of  the 
protector.  But,  after  the  restoration  of  llie  Stuarts,  and  by  tlu^  treaty 
of   Breda,  in  1607,  this  colony  passed  a  second  time  to  France.*  Though 

*  Edward  Riindolph,  the  first  collector  of  the  customs  of  Boston,  in  a  Narrative  to  tlie  Lords 
of  Trade  and  I'lanlatioiis,  in  H')7i'>,  says  that,  "The  Krcnch,  upon  tin-  last  treaty  of  jx-arc  con- 
cluded betwcuu  the  two  crowns  of  England  and  rrauco,  had  Nova  Scotia,  now  called  Acadie, 


10 

St.  John,  Port  Royal,  La  Heve,  Cape  Sable,  as  well  as  Pentagaet  or 
Penobscot,  were  specially  named  in  the  cession,  the  general  bounda- 
ries were  not  mentioned,  and  the  soil  and  the  fishing-grounds  were 
again  the  scenes  of  collisions,  reprisals,  and  fierce  quarrels.  A  third 
treaty — that  of  London — in  1686,  confirmed  the  two  powers  in  the 
possession  of  the  American  colonies  respectively  held  at  the  com- 
mencement of  hostilities,  but  left  the  extent  and  limits  of  all  as  unset- 
tled as  before. 

Sagacious  men  in  New  England  had  now  seen  for  years  that  the  ex- 
pulsion of  the  French  was  the  only  measure  that  would  secure  peace 
in  the  prosecution  of  the  fisheries,  and  they  endeavored  to  enlist  the 
sympathy  and  co-operation  of  the  mother  country.  The  war  between 
France  and  England  which  followed  the  accession  of  William  and 
Mary  was  no  sooner  proclaimed  at  Boston  than  the  general  court  of 
Massachusetts  commenced  preparations  for  the  conquest  of  Nova  Scotia 
and  Canada.  Sir  William  Phips,  who  was  born  and  bred  among  the 
fishermen  of  Maine,  was  intrusted  with  the  command  of  an  expedition 
against  both.  He  reduced  the  first,  and  estabhshed  a  government;  but 
his  enterprise  in  the  St.  Lawrence  was  disastrous.  It  is  of  interest  to 
add,  that  the  first  paper  money  emitted  in  America  was  issued  by 
Massachusetts  to  defray  the  expenses  of  these  military  operations. 

At  the  peace  of  Ryswick,  in  1697,  it  was  stipulated  that  mutual  res- 
titution should  be  made  of  all  conquests  during  the  war ;  and,  much  to 
the  dissatisfaction  of  the  English  colonists.  Nova  Scotia  returned  once 
more  to  the  undisputed  possession  of  the  French.  The  strife  in  Amer- 
ica had  been  avowedly  for  the  fisheries,  and  for  territory  north  and 
west ;  and  this  treaty,  which,  with  the  exception  of  the  eastern  half 
of  Newfoundland,  secured  to  France  the  whole  coasts,  the  islands,  and 
the  fishing-grounds  from  Maine  to  beyond  Labrador  and  Hudson's 
Bay,  besides  Canada  and  the  valley  of  the  Mississippi,  was  regarded 
as  dishonorable  to  England  and  wantonly  injurious  to  colonial  industry 
and  peace. 

The  evil  consequences  of  the  treaty  of  Ryswick  were  soon  manifest. 
A  year  had  not  elapsed  before  the  French  government  promulgated  a 
claim  to  the  sole  ownership  of  the  fisheries.  In  1698,  a  frigate  bound 
from  France  to  Nova  Scotia  furnished  the  master  of  a  Massachusetts 
vessel  with  a  translated  order  from  the  king,  which  authorized  the 
seizure  of  all  vessels  not  of  the  French  flag  that  should  be  found 
fishing  on  the  coast.  General  publicity  of  the  order  followed,  and  its 
execution  was  rigidly  enforced.  Bonaventure,  in  the  ship-of-war  Enviux, 
boarded  and  sent  home  every  English  colonial  vessel  that  appeared  on 

flelivered  up  to  them,  to  the  great  discontent  and  murmuring  of  the  government  of  Boston, 
that  his  Majestie,  without  their  knowledge  or  consent,  should  part  with  a  place  so  profitable 
to  them,  from  whence  they  drew  great  quantities  of  beaver  and  other  peltry,  besides  the  fishing 
for  cod.  Nevertheless,"  he  adds,  "the  people  of  Boston  have  continued  a  private  trade  with 
the  French  and  Indians  inhabiting  those  parts  for  beaver  skins  and  other  commodities,  and 
have  openly  kept  on  their  fishing  upon  the  said  coasts." 

He  says  further,  that  "  Monsieur  La  Bourn,  governor  for  the  French  king  there,  upon  pre- 
tence of  some  affronts  and  injuries  offered  him  by  the  government  of  Boston,  did  strictly 
inhibit  the  inhabitants  any  trade  with  the  English,  and  moreover  layd  in  imposition  of  four 
hundred  codfish  upon  every  vessel  that  should  fish  upon  the  coasts,  and  such  as  refused  had 
their  fish  and  provisions  seized  on  and  taken  away."  By  the  "  Boston  government,"  Randolph 
means  the  government  of  Massachusetts. 


11 

his  crnisinc-oTounfl ;  while  Villnbon,  o^overnor  of  Nova  Scotin,  in  an 
olHcial  (Irspak'h  to  the  executive  of  Massnchus(Mts,  declared  that  in- 
structions from  his  royal  master  demanded  of  him  the  seizure  of  every 
American  lisherman  that  ventured  cast  of  the  Kenncbcck  river,  in  Maine. 
The  claim  was  monstrous.  If  I  understand  its  extent,  the  only  fisheries 
which  were  to  be  open  and  free  to  vessels  of  the  English  flag  were 
those  westerly  ti^om  the  Kennebock  to  Cape  Cod,  and  those  of  the  west- 
ern half  of  Newfoundland.  It  seems  never  to  have  occurred  to  a  single 
French  statesman  that  the  supply  of  fish  in  our  seas  is  inexhaustible, 
and  that,  reserving  certain  and  sufficient  coasts  for  the  exclusive  use  of 
their  own  people,  other  coasts  might  have  been  secured  to  their  rivals, 
without  injury  to  any,  and  with  advantage  to  all.  In  fact,  evidence  that 
such  a  plan  was  suggested  liy  our  fathers,  or  by  the  ministry  "at  home," 
docs  not,  I  think,  exist.  On  both  sides  the  strife  was  for  the  monopoly 
and  for  the  mastery. 

Richard,  Earl  Bellamont,  arrived  in  Boston  in  1699,*  and,  having 
assumed  the  administration  of  affairs  in  Massachusetts,  pointedly  re- 
ferred to  these  pretensions  in  a  speech  to  the  general  court,  and  to  the 
execrable  treachery  of  the  Stuart  who  had  parted  last  with  Nova 
Scotia  and  "the  noble  fishery  on  its  coast."  But  his  hndship  could 
afford  no  redress. 

In  the  first  J^ear  of  the  reign  of  Queen  Anne,  the  two  nations  were 
again  involved  in  war.  Among  its  causes  was  the  claim  of  France  to  a 
part  of  Maine  and  to  the  whole  of  the  fishing-grounds.  The  people  of 
"New  England,  driven  from  the  Acadian  seas  by  the  common  enemy, 
needed  no  solicitation  from  the  mother  countr}^  to  engage  heartily  in  the 
contest.  On  the  other  hand,  employing  armed  vessels  of  their  own, 
they  were  hardly  restrained,  in  their  zeal  and  success,  from  hanging 
as  common  })irates  some  of  the  French  officers  who  had  been  the  in- 
struments of  interrupting  their  pursuits  in  the  fori)idden  waters. 

Nor  was  this  all.  They  attempted  the  conquest  of  Nova  Scotia,  and 
equipped  a  fleet  at  Boston.  The  enterprise  failed.  Promised  ships 
from  England  three  years  later,  but  disappointed,  a  second  expedition 
failed  also. 

At  last,  in  1710,  Nova  Scotia  became  an  English  colony.  Its  reduc- 
tion was  a  duty  assumed  by  the  ministry,  while,  in  truth,  it  was  accom- 
plished principally  by  colonists  and  colonial  resources.  Of  the  force 
assembled  at  Boston,  six  ships  and  a  corps  of  marines  were,  indeed, 
Bent  from  England;  but  the  remainder,  thirty  vessels  and  four  regi- 
ments, WT;re  furnished  by  tli<^  four  northern  colonies.  Strange  it  was 
that  Anne,  the  last  of  her  family  who  occuj)ied  the  throne,  should  have 
permanently  annc^xed  to  the  Englisli  crown  the  cc^lony  and  the  "  noble 
fishery  "  which  all  of  her  hne  had  sported  with  so  freely  and  so  disas- 
trously. 

I  have  ])arely  glanced  at  events  which  occupy  hundreds  of  pages  ot 
documentary  and  written  history.  Whoever  has  examined  ihe  trans- 
actions thus  briefly  noticed  has  ceased  to  wonder  that  the  Stuarts  were 

.  *  It  WHS  ii  new  th'uin  to  Reo  a  noblfnian  at  tlid  liciul  of  tlm  fjovcM-iimmit  of  Massnclmsotts, 
and  h«  WHS  rrcf'iv(!(l  with  tht;  gn^itcst  rosix'ct.  "Twenty  (■oinpanii's  of  soldiers  ami  a  vast 
ooncoursf  of  peoples  iiirt  his  h)nls!ii|»  and  tho  roimtc'ss,  and  there  was  fireworli  and  gowd 
driuk  all  night."     IIo  diod  iu  Now  York  in  1701.    lie  was  an  oncmy  of  tho  IStuarls. 


12 

so  odious  in  New  England.  I  know  of  nothing  more  disgraceful  to  them, 
either  as  rulers  or  as  private  gentlemen,  than  their  dealings  with  Sir 
William  Alexander,  their  own  original  grantee  of  Nova  Scotia,  with 
the  claimants  under  him,  and  with  their  subjects  in  America,  who  bled, 
reign  after  reign,  and  throughout  their  reigns,  to  rid  themselves  of  the 
calamities  entailed  upon  them  by  the  treaty  of  St.  Germains,  and  who, 
in  the  adjustment  of  European  questions,  were  defrauded  of  the  fruits 
of  their  exertions  and  sacrifices  by  the  stipulations  in  the  treaties  of 
Breda  of  London,  and  Ryswick. 

The  conquest  of  one  French  colony  achieved,  the  ministry,  yielding 
to  importunities  from  America,  projected  an  enterprise  for  the  reduc- 
tion of  Canada  also — in  which,  as  usual,  the  colonists  were  to  bear  a 
large  share  of  the  actual  burdens.  After  unnecessary,  even  inexcusa- 
ble, delays  on  the  part  of  those  intrusted  with  the  management  of  the 
affair  in  England,  a  fleet  and  a  land  force  finally  departed  from  Boston 
for  the  St.  Lawrence.  A  more  miserable  termination  to  a  military  ope- 
ration of  moment  can  hardly  be  found  in  history.  "  The  whole  de- 
sign," wrote  the  celebrated  Lord  Bolingbroke,  "was  formed  by  me  ;" 
and  he  added,  "  I  have  a  sort  of  paternal  concern  for  the  success  of 
it."     But  how  could  he  have  thought  "success"  possible  ? 

The  general  appointed  to  command  the  troops  was  known  among 
his  bottle-companions  as  ^'■honest  Jack  Hill,^^  and  was  pronounced  by 
the  Duke  of  Marlborough  to  be  "good  for  nothing."  The  admiral  was 
so  ignorant — so  inefficient  generally — as  to  imagine  that  "  the  ice  in 
the  river  at  Quebec,  freezing  to  the  bottom,  would  bilge  his  vessels," 
and  that,  to  avert  so  fearful  a  disaster  to  her  Majesty's  ships,  he  "must 
place  them  on  dry  ground,  in  frames  and  cradles,  till  the  thaw !" 

He  was  spared  the  calamity  of  wintering  in  ice  one  hundred  feet  in 
thickness  !  On  the  passage  up  the  St.  Lawrence,  eight  of  his  ships 
were  wrecked,  and  eight  hundred  and  eighty-four  men  drowned.  But 
for  this,  said  he,  "  ten  or  twelve  thousand  men  must  have  been  left  to 
perish  of  cold  and  hunger :  by  the  loss  of  a  part.  Providence  saved  all 
the  rest."  Of  course,  an  expedition  consisting  of  fifteen  ships-of-war 
and  forty  transports,  of  troops  fresh  from  the  victoiies  of  Marlborough, 
and  of  colonists  trained  to  the  severities  of  a  northern  climate,  and 
suflScient  for  the  service,  under  such  chiefs,  accomplished  nothing  but  a 
hasty  departure. 

Peace  was  concluded  in  1713.  Down  to  this  period  the  French 
fisheries  had  been  more  successful,  probably,  than  those  conducted  by 
the  English  or  the  American  colonists. 

Their  own  account  is,  indeed,  that,  at  the  opening  of  the  century, 
their  catch  of  codfish  was  equal  to  the  supply  of  all  continental  or 
Catholic  Europe.  By  the  treaty  of  Utrecht,  in  the  year  just  men- 
tioned, England  obtained  what  she  had  so  long  contended  lor,  as  her 
statesmen  imagined — namely,  a  supremacy  in,  or  monopoly  of,  the 
fisheries  of  our  seas. 

On  the  coast  of  Nova  Scotia,  or  Acadia,  the  French  were  utterly 
prohibited  from  approaching  within  thirty  leagues,  beginning  at  the  Isle 
of  Sable,  and  thence  measuring  southwesterly  ;  while  the  uncondi- 
tional right  of  England  to  the  whole  of  Newfoundland,  and  to  the  Bay 
of  Hudson  and  its  borders,  was  formally  acknowledged. 


13 

Yet,  at  Newfoundland,  the  privilege  of  fishing  on  a  pnrt  of  the  east- 
ern coast  from  Cape  Bon;ivista  to  the;  northern  point,  and  thence  ;dong 
the  western  shore  as  far  as  Point  Richc,  was  granted  to  the  subjects  of 
Louis.  It  is  to  be  observed  that  Enghind  reserved  tlic  exclusive  use  of 
the  fishing-grounds  considered  the  best,  and  also  the  territorial  juris- 
diction ;  that  the  French  were  not  permitted  to  settle  on  the  soil,  or 
erect  any  structures  other  than  fishermen's  huts  and  stages  ;  and  that 
the  old  and  well-understood  method  of  fishing  was  to  be  continued  with- 
out change. 

By  one  party  this  adjustment  of  a  vexed  question  was  deemed  fa- 
vorable to  England  and  just  to  France.  But  another  party  insisted 
that  their  rival,  humbled  by  the  terms  of  the  peace  in  other  respects, 
should  have  been  recjuired  in  this  to  submit  to  her  own'doctrines  and 
to  an  unconditional  exclusion  from  the  American  seas.  The  opponents 
of  the  treaty  did  not  view  the  case  fairly.  The  cession  of  Acadia  was 
supposed  to  include  the  large  island  of  Cape  Breton ;  and,  this  ad- 
mitted, the  French  were  to  be  confined  to  a  region  from  which  their 
further,  or  at  least  considerable,  interference  with  vessels  wearing 
the  English  Hag  was  hardly  possible  :  while,  with  regard  to  that  very 
region,  it  should  be  recollected  that,  though  England  claimed  New- 
foundland by  the  discovery  of  Cabot  and  the  possession  of  Gilbert,  no 
strenuous  or  long-continued  opposition  had  been  made,  at  any  time,  to 
all  nations  fishing,  or  even  forming  settlements,  there;  and  that  France 
was  entitled  to  special  consideration,  inasmuch  as  her  establishments 
for  conducting  the  fishery  had  been  held  without  interruption  for  more 
than  half  a  century,  and  had  been  recognised  at  the  peace  of  Ryswick. 
Besides,  she  had  captured  several  English  posts  in  addition,  and,  in 
fact,  was  in  actual  possession  of  a  large  part  of  the  island  and  its  val- 
uable appendages. 

The  party  in  opposition  assailed  the  ministry  in  terms  of  bitter  de- 
nunciation. It  was  said  that  they  "had  been  grossly  imposed  ujon," 
that  they  "had  directly  given  to  France  all  she  wanted,"  and  that  the 
concessions  were  "universally  and  justly  condemned."  Such  are  some 
of  the  words  of  reproach  tliat  appear  in  an  official  report.  In  the  po- 
litical ferocity  of  the  time.  Lord  Oxford  was  impeached;  and  it  is 
among  the  charges  against  him  that,  "in  defiance  of  an  express  act  of 
Parliament,  as  well  as  in  contempt  of  the  frequent  and  earnest  repre- 
sentations of  the  merchants  of  Great  Britain  and  of  the  conmiissioners 
of  trade  and  plantations,"  he,  Robert,  Earl  of  Oxford,  and  Earl  Morti- 
mer,* had  advised  his  sovereign  that  "the  subjects  of  France  should 
have  the  liberty  of  fishing  and  tlrying  fish  in  Newfoundland." 

*  Robert  Harley,  Earl  of  Oxford,  and  Earl  Mortimer,  a  distinguished  minister  of  state  in  the 
roiKii  (if  (/ufM'n  Anne,  was  born  in  KHil.  "After  thf!  peace  of  Utrecht,  the  tory  statesmen, 
ha\iiiK  nil  l<>i)t;er  ajjprehensionfi  of  duiiijer  from  abroad,  began  to  quarrel  amoiif,' ibeniselves 
and  tlie  two  chiefs,  Oxford  and  IJcdingliroke,  especially,  became  personal  and  puliticjil  foes.' 
8oon  alter  the  sucoeHsion  of  (uiorge  1,  Oxford  was  impeached  of  high -treason  by  the  Hous(i  of 
Coinmoiis,  and  was  committed  to  the  Tower.  The  Didte  of  Murlbonnigh  was  among  hia 
enemies.  Holinghroke  tied  to  the  continent.  Oxford  was  tried  l)efoii'  the  House  of  Peers  in 
1717,  and  acipiilted  of  the  f;iimes  alleged  against  him.  He  was  the  friend  of  Pope,  S\\i(t, 
and  oilier  literary  nn-n  of  the  time.  Hi;  died  in  17'J.l.  His  son  Kdward,  the  second  Karl  of 
Oxford,  and  Karl  Mortinwr,  was  also  a  great  ami  liberal  patron  of  literature  and  learned  men, 
and  completed  the  valuable  collection  of  manuscripts  which  ho  commenced,  and  which  is  now 
LQ  the  iJrilibh  Museum. 


14 

Plis  lordship  was  committed  to  the  Tower,  and  tried  for  high  treason; 
but  such  has  been  the  advance  of  civiHzation  and  oi  the  doctrine  of 
human  brotherhood,  that  an  act  which  was  a  flagrant  crime  in  his  own 
age  has  become  one  honorable  to  his  memory.  The  great  principle  he 
thus  maintained  in  disgrace,  that  the  seas  of  British  America  are  not 
lo  be  held  by  British  subjects  as  a  monopoly,  and  to  the  exclusion  ol 
all  other  people,  has  never  since  been  wholly  disregarded  by  any 
British  minister,  and  we  may  hope  will  ever  now  appear  in  British 
diplomacy  to  mark  the  progress  of  hberal  principles  and  of  "man's 
humanity  to  man." 

The  loss  of  Nova  Scotia  caused  but  a  temporary  interruption  of  the 
French  fisheries.     Within  a  year  of  the  ratification  of  the  treaty  ot 
Utrecht,  fugitive  fishermen  of  that  colony  and  of  Newfoundland  settled 
on  Cape  Breton  and  resumed  their  business.     I  have  remarked  that, 
as  the  English  understood  the  cession  of  Acadia,   "according  to  its* 
ancient  boundaries,"  this  island  was  held  to  be  a  part  of  it.     The 
French  contended,  on  the  other  hand,  that  Acadia  was  a  continental 
possession,  and  did  not  embrace,  of  course,  an  island  sufficient  of  itseli^ 
to  form  a  colony.     The  settlement  and  fortification  of  Cape  Breton  was- 
therefore  undertaken  immediately,  as  a  government  measure.     Never ■■ 
has  there  been  a  better  illustration  of  the  facile  character  of  the  French 
people  than  is  afforded  by  the  case  before  us.     Wasting  no  energies  in 
useless  regrets,  but  adapting  themselves  to  the  circumstances  of  their 
position,  they  recovered  trom  their  losses  with  ease  and  rapidity.     In 
1721  their  fleet  of  fishing-vessels  was  larger  than  at  any  former  period, 
and  is  said  to  have  been  quite  four  hundred. 

Reference  to  the  map  will  show  that  Cape  Breton  and  Nova  Scotia 
are  divided  by  a  narrow  strait.  The  meeting  of  vessels  of  the  two  flags 
was  unavoidable.  The  revival  of  old  grudges,  collisions,  and  quarrels, 
was  certain ;  but  no  serious  difficulties  appear  to  have  occurred  pre- 
vious to  1734. 

In  1744,  England  and  France  were  still  again  involved  in  war. 
Among  the  earliest  hostile  deeds  were  the  surprise  of  the  English  gar- 
rison at  Canseau,  Nova  Scotia,  and  the  destruction  of  the  buildings,  the 
fort,  and  the  fishery  there,  by  a  force  from  Cape  Breton,  and  the  cap- 
ture at  Newfoundland  of  a  French  ship,  laden  with  one  hundred  and 
fifty  tons  of  dried  codfish,  by  a  privateer  belonging  to  Boston.  These, 
however,  are  incidents  of  no  moment,  and  may  be  disposed  of  in  a  word. 

The  French  fisheries  had  continued  prosperous.  They  excited  envy 
and  alarm.  Accounts  which  are  considered  authentic,  but  which  I  am 
compelled  to  regard  as  somewhat  exaggerated,  show  that  they  employed 
nearly  six  hundred  vessels  and  upwards  of  twenty-seven  thousand  men; 
and  that  the  annual  produce  was  almost  a  million  and  a  half  quintals 
offish,  of  the  value  of  more  than  four  and  a  half  millions  of  dollars.. 
More  than  all  else,  the  fishery  at  Cape  Breton  was  held  to  be  in  viola- 
lion  of  the  treaty  of  Utrecht;  for,  as  has  been  said,  that  island  was  in 
the  never-yet-defined  country,  Acadia. 

Robert  Auchmuty,*  an  eminent  lawyer  of  Boston,  and  judge  of  the 

*Robert  Auchmuty  was  of  Scottish  descent,  but  was  educated  at  Dublin.  He  came  to  Bos- 
ton when  young,  and  was  appointed  judgo  of  the  court  of  admiralty  in  1703.  In  1740,  he  was 
a  director  of  the  "Laud  Bank,"  or  bubble,  which  involved  the  father  of  Samuel  Adams  and. 


15 

cnurt  of  admiralty,  when  sent  to  Englind  as  agent  of  Massachusetts 
on  the  question  of  the  Rhode  Island  boundary,  published  a  pamphlet 
entitled  "Tlie  importance  of  Caj)e  Breton  to  the  Britisli  nation,  and  a 
plan  {()r  taking  the  j)lace,"  in  which  he  demonstrated  that  its  conquest 
would  put  the  English  in  sole  possession  of  the  fisheri(>s  ot"  North  Amer- 
ica; would  give  the  colonies  abihty  to  purchase  manuliiclures  of"  the 
mother  country  of  the  value  of  ten  millions  of  dollars  annually;  would 
employ  many  thousand  families  then  earning  nothing ;  increase  English 
mariners  and  shipping;  cut  off  all  communication  between  France  and 
Canada  by  the  river  St.  Lawrence,  so  that,  in  the  fall  of  Quebec,  the 
French  would  be  driven  from  the  continent;  and,  finally,  open  a  coitcs- 
pondence  with  the  remote  Indian  tribes,  and  transfer  the  fur  trade  to 
Anglo-Scixon  hands.  All  this  was  to  follow  the  reduction  and  possession 
of  a  cold,  distant,  and  inhospitable  island.  Such  was  the  sentiment  of 
the  time. 

In  1745,  the  conquest  of  Cape  Breton  was  undertaken.  Viewed  as 
a  military  enterprise,  its  capture  is  the  most  remarkable  event  in  our 
colonial  history.  Several  colonies  south  of  New  England  were  invited 
to  join  the  expedition,  but  none  would  consent  to  waste  life  in  a  project 
so  mad;  and  Franklin,  forgetting  that  he  was  "Boston-born,"  ridiculed 
it  in  one  of  the  wittiest  letters  he  ever  wrote.  In  Massachusetts,  and 
elsewhere  at  the  North,  men  enlisted  as  in  a  crusade.  Whitefield  made 
a  recruiting  house  of  the  sanctuary.  To  show  how  the  images  in  the 
Catholic  churches  were  to  be  hewn  down,  axes  were  brandished  and 
borne  about;  and,  while  Puritanism  aimed  to  strike  a  blow  at  Catholi- 
cisu),  the  concerns  of  the  present  life  were  not  forgotten.  Fishermen 
panted  for  revenge  on  those  who  had  insulted  them  and  driven  them 
from  the  fishing-grounds.  INIerchants,  with  Auchmuty's  pamphlet  in 
their  hands,  thought  of  the  increased  sale  and  the  enhanced  price  of 
New  England  fish  in  foreign  markets.  Military  officers  who  had  served 
in  Nova  Scotia  in  the  previf)us  war  were  ambitious  of  further  distinction 
and  preferment.     Such  were  the  motives. 

WiUiam  Vaughan,  who  was  extensively  engaged  in  the  fisheries,  and 
whose  home  was  near  Pemaquid,  in  Maine,  claimed  that,  while  listen- 
ing to  the  tales  of  some  of  his  ow^n  fishermen,  he  conceived  the  design 
of"  the  expedition.  Governor  Shirley,*  of  Massachusetts,  embraced 
his  plans,  and  submitted  them  to  the  general  court.  By  this  body  they 
were  rejected.  Renewed  by  the  governor,  and  insisted  upon  l)y  the 
merchants,  they  were  finally  adopted  by  the  vote  of  the  speaker,  who 
had  acted  previously  in  opposition.! 

many  others  in  ruin.  H«  was  sent  to  Eiinlaiid  on  important  serviee,  and,  while  there,  pro- 
jected an  expedition  to  Capo  IJreton.  After  Ids  return,  he  was  ai)p(>inted  judge  of  admiralty 
a  Bocond  time.  He  died  in  J?.')!).  His  son,  Samuel,  a  jjraduate  of  Harvard  University,  was 
an  Kpiscopal  minister  in  New  York;  and  his  grand.son.  Sir  Samuel  Auehmufy,  a  lieutenant 
general  in  the  IJritish  army,  and  died  in  IriXi^.  The  Auelimutys  of  the  revolutioiuiry  era  ad- 
hered tit  the  side  of  the  erown. 

*  William  Shirhry,  (lovernor  of  Massaohusetts,  was  a  native  of  England,  and  was  bred  to 
the  law.  He  came,  to  IJostoii  about  the  year  I7;i;{,  and  was  aj>pointed  governor  in  1741.  In 
1755,  he  was  eommander-in-eidef  of  tht- Hritish  forces  in  Ameriea.  He  died  in  Jio.xhury,  Mas- 
sachusetts, in  1771. 

t  Mr.  Oliver,  a  Hoaton  member,  broke  his  leg  on  his  way  to  the  house,  and  was  not  present. 
His  vote  woulil  have  caused  the  rejectitiii  of  the  plan  a  s»(cond  time.  The  memliers  dclibor- 
a:cd  under  the  first  oath  of  secrecy  administered  to  a  legislative  assembly  iii  Auiciica. 


16 

Instantly  Boston  became  the  scene  of  busy  preparation. 

William  l^cpperell,  of  Kittery,  in  Maine,  and  the  son  of  a  fisherman 
of  the  Isles  of  Shoals,  assumed  command  of  the  expedition.  The 
merchants  of  Boston  furnished  a  large  part  of  the  armed  vessels  and 
transports.  The  fishermen  of  Plymouth  were  the  first  troops  to  arrive. 
Those  of  Marblehead  and  Gloucester,  and  those  who  had  been  em- 
ployed by  Pepperell  and  Vaughan,  followed  in  rapid  succession. 
Lumberers,  mechanics,  and  husbandmen  completed  the  force. 

Louisbourg  was  the  point  of  attack;  for  Cape  Breton  would  fall 
with  its  capital  without  another  blow.  This  city  was  named  in  honor 
of  the  king.  Twenty-five  years  and  thirty  millions  of  livres  were  re- 
quired to  complete  it.  Its  walls  were  built  of  bricks  brought  from 
France.  More  than  two  hundred  pieces  of  cannon  were  mounted  to 
defend  it.  So  ereat  was  its  strenoth  that  it  was  called  the  "Dunkirk 
of  America."  It  had  nunneries  and  palaces,  terraces  and  gardens. 
That  such  a  city  rose  upon  a  lone,  desolate  isle,  in  the  infancy  of 
American  colonization,  appears  incredible.  Explanation  is  alone  found 
in  the  fishing  enthusiasm  of  the  period. 

The  fleet  sailed  from  Boston  in  March.  Singular  to  remark,  of  a 
military  order,  Shirley's  instructions  required  an  ample  supply  of  cod- 
L'nes  for  use  on  the  passage,  so  that  the  troops  might  be  fed,  as  much 
as  possible,  on  the  products  of  the  sea. 

A  more  undisciplined  and  disorderly  body  of  men  never  disem- 
barked to  attempt  the  reduction  of  a  walled  city.  The  squadron  com- 
manded by  Warren,  and  ordered  by  the  ministry  to  co-operate  with 
Pepperell,  arrived  in  time  to  share  in  the  perils  and  honors  of  the  siege. 
The  colonial  fleet  and  the  ships  of  the  royal  navy  kept  up  a  close 
blockade.  The  colonists  on  shore,  without  a  regular  encampment, 
lodged  in  huts  built  of  turf  and  bushes.  With  straps  across  their' 
shoulders,  they  dragged  cannon  in  sledges  over  morasses  impassable 
with  wheels.  Making  jest  of  military  subordination,  they  fired  at 
marks,  they  fished  and  tbwled,  wrestled  and  raced,  and  chased  after 
balls  shot  from  the  French  guns.  Badly  sheltered,  and  exhausted  by 
toil  in  mud  and  water,  and  by  exposure  in  a  cold  and  foggy  chmatej 
fifteen  hundred  became  sick  and  unfit  for  duty.  Still  the  siege  was 
conducted  with  surpassing  energy,  with  some  skill,  and  courage  seldom 
equalled.  Nine  thousand  cannon-balls  and  six  hundred  bombs  were 
discharged  bv  the  assailants.  The  French  commander  submitted  on 
the  fjrty-ninth  day  of  the  investment.  The  victors  entered  the  "  Dun- 
kirk of  the  western  world"  amazed  at  their  own  achievement. 

A  single  day's  delay  in  the  surrender  might  have  resulted  in  discom- 
fiture and  defeat,  and  in  extensive  mortal  sickness,  since,  within  a  few 
hours  of  the  capitulation,  a  storm  of  rain  set  in,  which,  in  the  ten  days 
it  continued,  flooded  the  camp-ground  and  beat  down  the  huts  which 
the  colonists  abandoned  for  quarters  within  the  walls. 

Pepperell  and  his  companions  were  the  most  fortunate  of  men.  Even 
after  the  fall  of  the  city,  the  French  flag  (which  was  kept  flying  as  a 
decoy)  lured  within  their  grasp  ships  with  cargoes  of  merchandise 
worth  more  than  a  million  of  dollars.  The  exploit  was  commended  in 
the  highest  and  loftiest  terms.     Even  thirty  years  afterwards,  Mr.  Hart- 


17 

Iry*  said,  in  the  House  of  Commons,  that  the  colonists  "  took  Louishourg 
from  the  French  single-handed,  without  any  European  assistance — as 
cnettled  an  enterprise  as  any  in  our  history — an  everlasting  memorial 
to  the  zeal,  courage,  and  perseverance  of  the  troops  of  New  Englan(l."t 

These  are  the  mere  outlines  of  the  accounts  ot"  this  extraordinary 
affair.l  Several  of  our  books  of  history  contain  full  details;  but  the 
correspoudence  of  Shirley,  Pepperell,  and  Warren,  which  is  i)reserved 
in  the  Collections  of  the  Historical  Society  of  Massachusetts,  as  well  as 
tlic  letters  and  narratives  of  subordinate  actors,  should  be  read  in  con- 
nexion. 

A  centur}'  has  elapsed.  With  the  present  condition  of  Cape  Breton 
in  view,  we  almost  imagine  that  we  hold  in  our  hands  books  of  fiction 
ra'ther  than  the  records  of  the  real,  when  we  read,  as  we  do  in  Smol- 
let,  that  the  conquest  of  Louisbourg  was  "  the  most  important  achievement 
of  the  tear  of  1744  ;"  in  the  Universal  History,  that  "  New  Evghind gave 
]ience  to  Europe  by  raising,  arming,  and  transporting  four  thousand 
men,"  whose  success  ^^  proved  an  equivaJeiit  for  all  the  successes  of  the 
French  upoji  the  continent  ;''^  and  in  Lord  Chesterfield,  that,  "in  the  end 
it  produced  peace,"  and  that  the  noble  duke  at  the  head  of  the  ad- 
miralty declared  that,  "  if  France  teas  master  of  Portsmouth,  he  would  hang 
(he  men  iclio  should  give  Cape  Breton  iti  eichavgey 

The  peace  of  Aix  la  Chapelle,  in  174S,  w^as  dishonora1)le  to  England 
at  home  and  in  her  colonies.  Of  the  adjustment  of  the  questions  which 
relate  to  our  subject,  I  may  remark,  that  she  not  only  restored  Cape 
Breton  to  France,  and  submitted  to  the  humiliating  condition  of  send- 
ing two  persons  of  rank  and  distinction  to  reside  in  that  kingdom  as 
hostages  until  that  island  and  other  conquests  should  be  actually  sur- 
rendered, but  consented  also  to  omit  all  mention  of  the  ris^ht  of  Enijlish 
sul)]ects  to  navigate  the  American  seas  without  being  liable  to  search 
and  molestation,  though  that  pretension  on  the  part  of  the  French  was 
one  of  the  original  causes  of  the  war,  as  well  as  the  basis  of  the  attacks 
made  on  Walpole's  ministry.  The  results  of  the  peace  to  England 
were  an  immense  debt,  the  barren  glory  of  supporting  the  German 
sovereignty  of  Maria  Theresa,  and  the  aUenation   of  the  affections  of 

*  He  was  one  of  the  British  commissioners  of  peace  in  1783. 

t  Hor.'ico  Wiilpdlc  calls  8ir  rctcr  Warren  "the  couijucror  of  Cape  Breton,"  and  says  that 
he  was  "  rielier  than  Anson,  and  absurd  as  Vernon."  Walpole  also  quotes  a  remark  of  Marshal 
Belleisle,  wJHi,  wln-n  he  was  told  of  the  taking  of  Cape  lireton,  said,  "  he  could  beiievi-  that, 
because  the  niinisrry  lia<i  no  hand  in  it."  Walp(de  adds:  "We  are  making;  iionfires  for  Cape 
Breton,  and  thundering  over  (ienoa,  while  our  army  in  Flanders  is  running  aw  a}  and  dropping 
to  pieces  by  detachments  taken  i)ri8oners  even,-  day." 

t  April  4,  174"^,  a  eotnmittee  of  the  House  of  Connnons  came  to  the  fidlowinc;  restdution : 
"  HiHfilrr/l,  'I'hat  it  is  the  opinion  of  iliis  connnittee  that  it  is  just  an<l  reasoiialdc  liiat  th<5 
dcveral  provinces  and  eoloni'-s  of  Massachusetts  Bay,  New  I  fanipshire,  Connecticut,  and  Khodo 
Island  br-  reimbursed  tiie  expenses  they  have  been  at  in  taking  and  securing  to  the  crown  of 
(in-Ht  Britain  the  island  of  Cape  liretou  and  its  dependencies." 

Mr.  iJurkt^  remarks  on  this  resolution  that  "  these  e.\])enses  were  immense  for  such  colonies  ; 
tiiey  wfTc  above  jC"2II(),00((  sterling — money  first  raised  and  advain-ed  on  their  ])ublic  credit. '* 

William  l5ollan,  ccdlector  (d'the  customs  for  Salrm  and  Mnrblchead,  who  married  adan«hter 
of  (lovernor  Sbirit-y,  was  sent  to  l']nL;land  to  solirit  tin-  reimbursement  of  these  cxix-nses.  Ilo 
obtaini'd  the  sum  of  ij  |i;i,t;|!)  stcrliiig,  after  a  tliflicMlf  and  toilsome  ageiicN  ot  liin-e  years. 

He  rctuno'il  to  15oston  in  174'',  with  si.x  hundred   and   lifiy-tliree  thousand  ounces  of  silver 
and  ten  t<uis  ol    copper.     'Diis  money  was  landed  on  Long  Wliarf,  placed  in  wagons,  and 
carried  through  the  streets  mid  much  rejoicing. 
2 


18 

the  people  of  New  England,  who  saw  evidence  that  the  honse  of  Han- 
over, like  the  Stuarts,  were  ready  to  sacrifice  their  victories  and  their 
interests  as  "  equivalents"  for  defeats  and  disasters  in  Europe. 

The  fall  of  Louishourg  and  the  general  hazards  of  war  reduced  the 
number  of  French  vessels  employed  in  the  fisheries  upwards  of  four 
hundred  in  a  single  year — to  follow  the  received  accounts ;  while,  of 
the  one  hundred  which  still  remained,  nearly  the  whole,  probably, 
made  their  fares  at  Newfoundland.  This  branch  of  industry  was  des- 
tined to  a  slow  recovery  of  prosperity ;  for,  in  1756,  we  record  still 
another  war  between  France  and  England. 

Among  the  causes  of  hostiUties  on  the  part  of  the  latter  power,  aa  an- 
nounced in  the  royal  declaration,  were  the  aggressions  of  the  French  in 
Nova  Scotia.*  In  that  region,  and  on  other  coasts  frequented  by  fish- 
ermen, the  war  was  attended  with  many  distressing  circumstances.f 
Without  space  for  details,  I  can  only  give  a  single  example  at  New- 
foundland, where  M.  de  Tourneys  in  command  of  a  French  force  of  four 
ships-of-the-line,  a  bomb-ketch,  and  a  body  of  troops,  landed  at  the 
Bay  of  Bulls,  destroyed  ihe  English  settlements  of  Trinity  and  Carbo- 
near,  captured  several  vessels,  destroyed  the  stages  and  implements  of 
fishery  of  the  inhabitants,  and,  appearing  off  St.  John,  the  capital  of  the 
island,  demanded  and  obtained  its  surrender. 

Omitting  notice  of  minor  events,  we  come,  in  1759,  to  the  second 
siege  of  Louishourg.  The  force  employed  was  immense,  consisting  of 
twenty  ships-of-the-line,  eighteen  frigates,  a  large  fleet  of  smaller  ves- 
sels, and  an  army  of  fourteen  thousand  men.  The  success  of  this  ex- 
pedition caused  great  rejoicings  throughout  the  British  empire.  The 
French  colors  were  deposited  in  St.  Paul's,  London,  and  a  form  ai 
thanksgiving  was  ordered  to  be  used  in  all  the  churches ;  while  in  New 
England,  prayers  and  thanksgivings  were  solemnly  offered  on  the  do- 
mestic altar  and  in  pubhc  worship. 

General  Wolfe  commanded  a  detached  body  of  two  thousand  troops, 
and  was  highly  distinguished.t  He  sailed  from  Louishourg  the  follow- 
ing year,  at  the  head  of  eight  thousand  men,  to  "die  satisfied"  on  the 
Plains  of  Abraham.  Well  might  he  utter  these  words  !  He  was  the 
victor  in  one  of  the  decisive  battles  of  the  world  !  In  the  hour  that  the 
British  troops  entered  Quebec,  the  rule  of  America  passed  from  the 
Gallic  to  the  Anglo-Saxon  race.  Between  the  death  of  a  Jesuit  father 
and  the  breaking  up  of  a  French  settlement  in  Maine,  and  the  treaty  of 
Paris,  was  just  a  century  and  a  half.     We  have  seen  how  large  a  part 

*  Mr.  Husliissou,  in  a  speech  in  Parliament  in  1826,  said:  " Sir,  tlie  war  which  began  in  the 
year  1756,  commonly  called  the  Seven  Years'  War,  was,  strictly  speMking,  so  far  as  relates  to 
this  country  and  to  the  Bourbon  governments  of  France  and  Spain,  a  icar  for  colonial  privileges, 
colonial  claims,  and  colonial  ascendency.  In  the  course  of  that  war,  British  skill  and  British 
valor  placed  in  the  hands  of  this  country  Quebec  and  the  Havana.  By  the  capture  of  these 
fortresses.  Great  Britain  became  mistress  of  the  colonial  destinies  of  the  western  world." 

t  The  first  conquests  of  British  arms  in  America  in  the  French  war  were  the  French  fort  of 
Beau  Sejour,  in  the  Bay  of  Fiiudy,  and  two  other  posts  in  the  same  region.  Colonel  Monckton, 
the  conqueror,  gave  the  name  of  Fort  Cumberland  to  Beau  Sejour. 

t"  Wolfe,"  says  Horace  Walpole,  "who  was  no  friend  of  Mr.  Conway  last  year,  and  for 
whom  I  consequently  have  no  aflectiou,  has  great  merit,  spirit,  and  alacrity,  and  shon« 
extremely  at  Louishourg." 


19 

of  the  period  was  dcvolcd  to  war.     The  contest  was  at  an  end.     The 
Gaul  resigned  the  mastery  of  the  New  World  to  the  Briton.* 

In  view  otthe  past  and  the  future,  our  fathers  were  "satisfied." 
It  remains  to  give  a  summary  of  the  exertions  of  the  northern  colo- 
nists to  achieve  the  conquest  of  Canada.  So  numerous  were  the  sea- 
men and  fishermen  of  N(>w  England  on  board  of  the  ships-of-war,  that 
her  merchants  were  compelled  to  navigate  theii-  own  vessels  with  In- 
dians and  negroes.  JNIore  than  four  hundred  privateers  were  fitted  out 
during  the  contest  to  ravage  the  French  West  Indies  and  distress  the 
commerce  of  France  in  all  parts  of  the  world ;  and  it  was  asserted  in 
the  House  of  Commons,  without  contradiction,  that,  of  the  seamen 
emploj'ed  in  the  British  navj'-,  ten  thousand  were  natives  of  America. 
For  the  attack  on  Louisbourg  and  Quebec  alone,  the  number  furnished 
by  the  single  colon\^  of  Massachusetts  was  five  hundred,  besides  the 
fishermen  who  were  impressed. t  A  single  example  of  the  pecuniary 
burdens  of  those  who  personally  bore  no  part  in  hostile  deeds  will 
suffice.^  A  Boston  gentleman  of  fortune  sent  one  of  his  tax-bills  to  a 
friend  in  London  for  his  opinion,  and  received  for  answer  that  "he  did 
not  believe  there  was  a  man  in  all  England  who  prdd  so  much,  in  pro- 

*  It  may  be  said  that  Great  Critaiii  has  liardly  had  a  moment's  quiet  with  Canada  since  the 
day  when  Wolfe  rose  from  a  sick  bed  to  '•(Yw  happy"  in  planting  her  flag  on  the  walls  of 
Queliec.  We  cannot  stop  to  trace  the  reasdus  for  this  state  of  things,  hut  must  conthie  our 
remarks  to  the  course  of  events  immediately  ibllnwing  tlie  conquest.  After  the  fall  of  Quebec 
and  the  reduction  of  the  entire  country,  but  before  the  final  cession,  there  arose  an  exciting 
controversy  among  some  of  the  leading  statesmen  of  the  time,  whether  Canada  shoidd  be  re- 
tained or  restored  to  France,  and  the  island  of  CTuadalouj)e  be  added  to  the  British  domhiionsin 
its  sread.  There  seems  to  havebeena  prevalent  fear  that,  if  Canada  were  kept,  the  cohmies,  rid 
of  all  apprehensions  from  the  French,  woidd  increase  at  an  alarming  rate,  and  finally  throw  ofl" 
their  dependence  on  the  mother  comitry.  A  tract  was  published  in  support  of  this  view,  sup- 
posed to  have  l)een  written  either  by  Edmund  or  AVilliam  Burke,  to  which  Franklin  re])lied  in 
his  happiest  and  ablest  manner.  Fi'aiiklin's  answer,  in  the  judgment  of  Mr.  Spai'ks,  '-was  be- 
lieved to  have  had  great  weiglit  in  the  ministerial  councils,  and  to  have  been  mainly  instru- 
mental in  causing  Canada  to  be  held  at  the  peace." 

In  the  course  of  the  dispute,  the  cliarge  was  openly  made  that  the  treaty  of  peace  which  re- 
Btored  to  France  the  conquests  of  Bellisle,  Goree,  Gaudaloupe,  St.  Lucia,  Martiniqiu',  and  Ha- 
vami,  which  guarantied  t«  her  people  the  nse  of  the  Newfoundland  fishery,  and  vhun  re- 
tained an  acquisition  of  so  doubtful  value  as  Cauiida,  was  the  restilt  of  corrupt  bargaining. 

Lord  St.  A'incenf  (a  great  naval  captain,  and  hardly  inferior  to  Nelson)  whs  of  the  opiinon, 
even  in  17H:?,  that  Canada  ought  not  (o  lie  retained  by  England.  Lord  Brougham,  in  his  his- 
t<irical  sketches,  relates  that,  "when  Lord  Shelburne's  peace  (178;i)  was  signed,  and  before 
tlie  term.s  were  made  public,  he  sent  for  the  adudral,  and,  showing  them,  asked  his  opinion.' 
'I  like  them  very  well,'  said  he,  'but  there  is  a  great  omission.'  'In  what?'  'In  leaving 
Canada  as  a  British  province.'  'How  could  we  possibly  give  it  up?'  inipiired  Lord  Shel- 
Jiunie.  '  ilow  can  you  hope  to  keejjit?'  refilled  the  veteran  wanior:  'with  an  English  re- 
puldic  j'l.st  esUtblished  in  tlie  sight  of  Canada,  and  with  a  population  of  a  handful  of  English 
settled  iimong  a  body  of  hereditary  Frenchmen,  it  is  inqiossibli- ;  and,  rely  on  it,  yoti  only  re- 
tain a  running  sore,  the  source  of  endless  disquiet  and  e.\|)ense.'  'Would  the  country  bciir 
it?  have  you  forgotten  Wolfe  and  (Quebec.''  asked  iiis  lordship.  'No:  it  is  because  I  re- 
jnerrilier  botli.  I  served  with  Wolfe  at  (jhieliec.  Ilaviim  lived  so  long,  I  hiive  had  full  lime  for 
retleetiou  oti  this  uiatter :  iunl  niy  clearcqiinion  is,  that  if  this  iiiir  occasion  for  giving  up  Canada 
is  ncKlecied,  iiothiutr  l>ut  dlHiculiy,  in  eitlier  keeping  or  resiuuins;  if,  will  everatter  be  known.'  " 
This  remarkable  pi-ediction  liius  been  fullilled,  as  every  one  who  is  (iimiliar  with  Canadian  af- 
t'lir.s  wWl  mliiih. 

t  "Tlie  Massachusetts  forces,"  in  IT')!*,  says  Iluieliinson,  "were  of  great  service.  Twenty- 
five  hundred  served  in  garrison  at  Louisbourg  and  Nova  Scotia,  in  the  room  of  the  regular 
tro(q)s  taken  from  thence  to  serve  under  General  \\'<dfi'.  Several  hundred  served  on  board 
the  kind's  ships  as  seamen,  and  the  remaind<'r  of  the  six  thousand  five  hundred  nu'ii  voted  in 
the  spring  siTved  imder  (Jeneral  Andierst.  Besides  this  f"orce,  ujion  application  of  General 
Wolfe,  three  hiuidred  nKU'e  were  raised  and  sent  to  Quebec  by  the  lieutcuimt  governor,  in 
ihe  absence  of  the  governor  at  i'euot^scot." 


20 

portion,  for  the  support  of  government."  I  find  it  stated  tnat  the 
amount  assessed,  in  taxes  of  every  kind,  was  nearly  half  of  the  payer^s 
income. 

In  this  rnpid  notice  of  the  events  which  preceded  and  led  to  the  e:s- 
tinction  of  French  power,  I  have  not  exaggerated  the  importance  at- 
tached to  the  fisheries.  Few  of  the  far-sighted  saw,  even  in  the  distant 
future,  as  we  really  see,  in  New  France,  and  that  lialf-fabulous  coun- 
try, Acadia,  the  building  of  ships  to  preserve  and  increase  the  maritime 
strength  of  England,  wheat-lands  to  rival  our  own,  the  great  lakes 
united  with  the  ocean,  and  upon  the  vSt.  Lawrence  and  St.  John  some  of 
the  principal  timber-marts  of  the  world.  Nay,  among  the  wisest,  the 
Indian  was  forever  to  glide  in  his  canoe  on  the  waters — forever  to  roam 
the  dark,  limitless  forest.  In  a  word,  the  vision  of  most  was  bounded 
by  the  fur  trade  on  the  soil,  and  by  the  fish  trade  on  the  sea. 

A  single  remark  upon  the  influence  of  these  events  in  producing  the 
Revolution,  limited  as  is  the  plan  of  this  report,  cannot  be  omitted.  In 
the  "paper  stuft""  emitted  by  Massachusetts  to  pay  off  "Phips's  men," 
we  see  the  germ  of  the  "continental  money."  In  the  levying  of  taxes, 
in  the  raising  of  troops,  and  the  general  independence  of  the  colonial 
assemblies  during  periods  oi  war,  we  fiud  explanation  of  the  wonder- 
ful ease  of  the  transition  of  these  bodies  into  "provincial  congresses." 
In  the  many  armies  eml)odicd  and  fleets  fitted  at  Boston,  we  learn  why 
the  people,  famihar  with  military  men  and  measures,  almost  reck- 
lessly provoked  collision  with  the  troops  sent  by  their  own  sovereign  to 
overawe  and  subdue  them. 

In  truth,  the  prominent  actors  in  the  wars  of  1744  and  of  1756  were 
the  prominent  actors  in  the  struggle  of  freedom.  Thus,  with  Pepper- 
ell  at  the  siege  of  Louisbourg  were  Thornton,  who  became  a  signer  of 
the  Declaration  of  Independence  ;  Bradford,  who  commanded  a  conti- 
nental regiment;  and  Gridley,  who  laid  out  the  works  on  Bunker's 
Hill.  On  the  frontiers  of  Virginia  and  hi  the  west,  in  tlic  last-mentioned 
v/ar  was  the  illustrious  Washincrton.  Enfjaared  in  one  or  both  of  the 
French  wars  were  Lewis,  Wolcott,  Williams,  and  Livingston,  who 
were  signers  of  the  Declaration  of  Independence;  and  Prescott,  who 
commanded  on  the  memorable  17th  of  June.  Among  those  who  became 
generals  in  the  Revolution  were  Montgomery,  who  fell  at  Quebec; 
Gates,  the  victor  at  Saratoga;  Mercer,  who  was  slain  at  Princeton, 
and  who,  in  the  estimation  of  some,  was  second  only  to  Washington; 
Morgan,  the  hero  of  the  "Cowpens;"  Thomas,  who  commanded  in 
Canada  after  the  fall  of  Montgomery;  James  Clinton,  the  father  of  De 
Witt  Clinton;  Stark,  the  victor  at  Bennington;  Spencer,  Israel  and 
Rufus  Putnam,  Nixon,  St.  Clair,  Gibson,  Bull,  Charles  Lee,  and 
Durkc.  There  were  also  Butler,  the  second  in  command  at  Wyo- 
ming; and  Campbell,  a  distinguished  colonel;  and  Dyer,  chief  justice 
of  Connecticut;  Craik,  director-general  ot"  the  American  hospital,  and 
the  "old  and  intimate  friend"  of  Washington;  Jones,  the  physician  of 
Franklin;  John  Morgan,  director-general  and  physician-general  of  the 
army ;  and  Hynde,  the  medical  adviser  of  Wolie,  who  was  with  him 
v.'hen  he  fell,  and  accompanied  Patrick  Henry  against  Lord  Dunmore. 
It  was  in  Nova  Scotia  and  Canada,  and  on  the  Ohio,  then — at  Port 
Royal,  Canseau,  Louisbourg,  Quebec,  and  in  the  wilds  of  Virginia — 


21 

and  In  putting  clown  French  pretensions,  that  our  father-;  acquired  tlie 
skill  and  expcrienc-e  necessar}'  lor  the  succcs.sful  assertion  of  their  own. 

We  pass  to  consider  the  terms  of  the  treaty  of  1763.  In  reply  to 
the  propositions  of  the  court  of  London,  the  French  ministry,  at  the 
oonimenccaient  of  the  negotiations  in  17G1,  cons(Mited  to  guaranty  lo 
Enghnid  the  possession  of  Canada,  provided  England  would  restore 
the  island  of  Cape  Breton,  and  confirm  the  righf  of  French  subjects  to 
take  and  cure  fish  in  ihe  Gulf  of  8t.  Lawrence,  as  well  as  on  the  banks 
and  in  the  island  of  Newfoundland.  The  fortifications  of  Louisbourg, 
the  court  of  Versailles,  however,  suggested  should  be  destroyed,  and 
the  harbor  laid  open  for  common  use.  Thcse.terms  seem  to  have  beea 
the  ultimatum  of  France. 

In  reply,  the  British  ministry  insisted  upon  the  unconditional  cession 
of  Canad;i,  with  all  its  dependencies,  and  the  cession  of  Cape  Breton  and 
all  otlier  islands  in  the  Culf  of  St.  Lawrence.  They  rephed,  further, 
that  the  important  privilege  of  fishing  and  curing  cod  on  the  coast  of 
Ncwibundland,  as  provided  in  the  treaty  of  Utrecht,  they  had  not 
designed  to  r(>fuse,  but  merely  to  connect  with  stipulations  relative  to 
Dunkirk;  and  that  the  island  of  St.  Peter  would  be  ceded  to  France 
upon  four  indispensable  conditions:  first,  that  the  island  should  not  be 
fortified,  or  troops  be  stationed  upon  it,  under  any  pretext  whatever; 
second,  that,  denying  the  vessels  of  other  nations  all  rights  even  of 
shelter,  France  should  use  the  island  and  its  harbor  for  her  own  fisher- 
men alone;  third,  that  the  possession  of  the  island  should  not  be 
deemed  to  extend  in  any  manner  the  stipulations  of  the  treaty  of 
Utrecht — that  is  to  sa}',  "^  loco  Cap  Donavista  non  cvj/aio  usque  ad 
extremitatcm  (jnadcm  insula;  septentrtonalcm,  ind'iquc  at  latus  acchlmtale 
recurrcndo  vsque  ad  locum  Pointe  Ric/ie  apjicllad/m''^ — [From  the  place 
called  Cape  Bonavista  to  the  northern  extremity  of  the  said  island, 
and  thence  running  westerly  to  the  place  denominated  Point  lliche;] 
fourth,  that  an  English  commissary  should  be  allowed  to  reside  at  St. 
Peter,  and  the  commander  of  the  British  ships-ot-war  on  the  New- 
foundland station  have  liberty,  from  time  to  time,  to  visit  the  island,  to 
see  that  these  f()ur  conditions  be  duly  observed. 

With  thesr;  propositions  tlie  French  ministry  were  dissatisfied.  They 
desired  rights  of  fishing  in  the  Culf  of  St.  Lawrence,  while,  with  regard 
to  the  cession  of  St.  Peter,  they  remarked  that  it  was  so  small  and  so 
near  Placentia,  that,  as  a  shelier,  it  would  prove  altog(;th(!r  illusive,  and 
serve  to  create  disputes  between  the  two  nations,  rather  than  facili- 
tate the  fishery  of  the  French  subj(!cts;  and  they  referred  to  the  cession 
of  Cape  Breton,  or  of  the  island  of  St.  John,  as  at  first  suggested,  but 
expressed  a  willingness  to  accept  of  Canseau  instead  of  either.  Still, 
if  the  British  ministry,  for  reasons  unknown  to  them,  could  not  agree 
t<->  thf;  cessicjn  of  Canseau,  then  th(;y  subnjiltcd  that  Mi(piek)n,  an  island, 
or,  as  they  considered,  a  part  of  St,  INier,  should  be  inchuhHl  in  the 
cession  of  the  last-named  island,  for  the  two  joined  togciher  did  not 
exceed  three  leagues  in  extent.  They  said  also  that  thi>y  would  main- 
tain no  military  establishment  at  either  of  the  places  menlioned,  except 
a  gu;ir<l  of"  fifty  nn>n  to  support  j)olice  regulations ;  and  that,  as  nuich  as 
possible  with  so  weak  a  force,  ihev  would  pr(;vent  all  f()r<'igu  v(\<sels 
fiojn  sheltering,  as  required  ;  while  they  would  linjit  their  fi.-her}-  on  the 


22 

coast  of  Newfoundland  to  the  stipulations  of  the  treaty  of  Utrecht^ 
provided  it  should  be  understood  that  they  could  tnke  and  dry  fish  on 
the  coast  of  St.  Peter  and  Miquelon.  To  the  condition  relative  to  the 
residence  of  the  commissary  on  the  ceded  islands  they  did  not  object. 

In  England,  opposition  to  iniy  concessions  to  France  was  soon  mani- 
fest. The  fisheries  in  the  Gulf  of  St.  Lawrence  and  on  the  Banks  of 
Newfoundkmd  were  held  to  constitute  a  great  source  of  wealth  to 
France,  and  to  be  her  principal  nurser}"  for  seamen.  The  voluntary 
offer  of  the  ministry,  therefore,  to  continue  the  privileges  enjoyed  under 
the  treaty  of  Utrecht,  was  viewed  with  great  displeasure.  The  fish- 
eries, it  was  said,  were  worth  more  than  all  Canada.  The  common  coun- 
cil of  London,  as  representing  the  commercial  interest  of  the  kingdom, 
ti'ansmittcd  to  the  members  of  the  House  of  Commons  from  the  city 
peremptory  instructions  on  the  subject  of  the  treaty,  and  particularly 
that  the  sole  and  exclusive  right  of  fishing  in  the  American  seas  should 
be  reserved  to  the  subjects  of  the  British  crown.  Such,  indeed,  were 
the  sentiments  of  a  large  party.  But  their  remonstrances  were  disre- 
garded. 

The  negotiations  were  concluded  at  Paris  February  10,  1763.  The 
articles  of  the  treaty  which  relate  to  our  subject  are  the  following  : 

"  The  subjects  of  France  shall  have  the  lil)erty  of  fishing  and  dry- 
ing on  a  part  of  the  coasts  of  the  island  of  Newfoundland,  such  as  it  is 
specified  in  the  thirteenth  article  of  the  treaty  ot  Utrecht,  which  article 
is  renewed  and  confirmed  by  the  present  treaty,  (except  what  relates 
to  the  island  of  Cape  Breton,  as  well  as  the  other  islands  and  coasts  in 
the  mouth  and  in  the  G  ulf"  of  St.  Lawrence.)  And  his  Britaimic  Majesty 
consents  to  leave  to  the  subjects  of  the  Most  Christian  King  the  liberty 
of  fishing  in  the  Gulf  of  St.  Lawrence,  on  condition  that  the  subjects  of 
France  do  not  exercise  the  said  fishery  but  at  the  distance  of  three 
leagues  from  all  the  coasts  belonging  to  Great  Britain,  as  well  those  of 
the  continent  as  those  of  the  islands  situated  in  the  said  Gulf  of  St. 
Lawrence.  And  as  to  what  relates  to  the  fishery  on  the  coasts  of  the 
island  of  Cape  Breton,  out  of  said  gulf,  the  subjects  of  the  Most  Chris- 
tian King  shall  not  be  permitted  to  exercise  the  said  fishery  but  at  the 
distance  of  fifteen  leagues  from  the  coasts  of  the  island  of  Cape  Bre- 
ton; and  the  fishery  on  the  coasts  of  Nova  Scotia,  or  Acadia,  and  every- 
where else  out  of  the  said  gulf,  shall  remain  on  tlie  looting  of  Ibrmer 
treaties." 

"  The  King  of  Great  Britain  cedes  the  islands  of  St.  Pierre  and 
Miquelon,  in  full  right,  to  his  Most  Christian  Majesty,  to  serve  as  skelter 
to  the  French  fishermen ;  and  his  said  Most  Christian  Majesty  engages 
not  to  Ibrtify  the  said  islands,  to  erect  no  buildings  upon  them  but 
meiely  for  the  convenience  of  the  fishery,  and  to  keep  upon  them  a 
guard  of  fifty  men  only  for  the  police." 

These  stipulations  were  severely  attacked  in  Parliament  and  else- 
where. "Junius,"  in  his  celebrated  letter  to  the  Duke  of  Bedford,  does 
not  scruple  to  charge  his  grace  with  bribery.  "  Belleisle,  Goree,  Gua- 
daloupe,  St.  Lucia,  Martinique,  the  fishery,  and  the  Havana,"  said  he, 
"  are  glorious  monuments  of  your  grace's  talents  for  negotiation.  My 
lord,  we  are  too  wdl  acqiiaintcd  with  your  pecuniary  character  to  think  it 
2)ossible  that  so  many  imblic  sacrifices  should  have  been  made  without  some 


23 

]7rhate  comjjen  sat  ions.      Your  conduct  car?  ics  with  it  an   internal  evidence 
beyond  all  the  legal  'proofs  of  a  court  of  justice.'''' 

Peace  hud  h;udly  been  concluded  belbre  the  Frencli  were  accused  of 
%'iolatious  of  the  treaty,  lu  17(34,  a  sl()oi>ot-war  carried  intelligence  to 
Enghind  thattliey  had  a  very  fonnidnble  naval  force  at  Newfoundland  ; 
that  they  intended  to  erect  strong  ibrtifications  on  St.  Peter's;  and  that 
the  English  commodore  on  the  station  was  without  force  sufficient  to 
prevent  the  consummation  of  their  plans.  The  party  opposed  to  the 
ministry  ])ronouRccxi  a  war  with  France  to  be  inevitnble,  unl(\ss  the 
British  government  were  disposed  to  surrender  both  Newtbundlimd  and 
Canada.  The  alarm — which  illustrates  the  spirit  of  the  time,  and  the 
sensibility  of  the  English  people — proved  to  be  without  cause,  since  the 
French  governor  gave  assurances  that  nothing  had  been  or  would  be 
done  ( ontrarj'-  to  the  letter  of  the  treaty;  that  he  had  but  a  single  small 
cannon  mounted,  without  a  platform,  designed  merely  to  answer  signals 
to  their  fishermen  in  foggy  weather  ;  that  no  buildings  or  works  had 
been  erected  ;  and  that  his  guard  consisted  of  only  forty-seven  men. 
It  appeared,  however,  that  the  French  navnl  force  was  considerable, 
oon-sisting  of  one  ship  of  fift}^  guns,  another  of  twenty-six  guns,  and 
others  of  smaller  rates. 

Rem;u"king  tliat  the  French  employed  at  Newfoundland  two  hundred 
and  fifty-nine  vessels  in  17GS,  and  about  the  same  number  five  j'^ears 
later,  we  come  to  the  war  of  our  own  Revolution.  To  induce  France  to  aid 
us  in  the  struggle,  our  envoys  were  authorized,  in  1776,  to  stipulate  that 
all  tlie  trade  between  the  United  States  and  the  French  West  Indies 
should  be  carried  on  cither  in  French  or  American  vessels:  and  lliey 
v/ere  specially  instructed  to  assure  his  Most  Christian  Majesty,  that  if, 
by  their  joint  eHbrts,  the  British  should  be  excluded  from  any  share  in 
tlie  cod-fisheries  of  America  by  the  reduction  of  the  islands  of  New- 
(^)undland  and  Cape  Brc^ton,  and  ships-of-war  should  be  furnished,  at 
tljc  expense  of  the  United  States,  to  reduce  Nova  Scotia,  the  fisheries 
should  be  enjoyed  e(|ually  l)etween  them,  to  tlie  exclu>:''"i  of  all 
other  nations  ;  and  that  one-half  of  Newfoundland  should  l^elong  to 
France,  and  the  other  half,  with  Cape  Breton  and  Nova  Scotia,  to  the 
United  States. 

We  may  smile  at — we  can  hardlv  commend — ourfatlun-s  for  claiming 
so  large  a  share  as  this  notabh^  scljcme  devised;  but  the  spirit  which 
conceived  and  was  prepared  to  execute  so  grand  an  enterprise,  addi- 
tional to  the  main  purposes  of  their  strife  with  the  mother  country,  is 
to  be  placed  in  strong  contrast  with  the  indiffiin-ence  manifested  now 
about  preserving  our  rights  in  the  domains  which  they  thus  designed  to 
coruiuer. 

In  1778,  the  project  was  renewed,  in  tin-  instruclions  to  Franklin, 
he  was  directed  to  urg(5  nj)f)n  the  French  c(»urt  the  certainty  of  ruining 
ihe  British  fisheries  on  the  Banks  of  Newfoiuidland,  and  conseo  I'Mitly 
the  British  marine,  by  reducing  Haliliix  and  (Quebec.  Acc(  iT-p-^-'yi'ig 
his  instructions  was  a  plan  f()r  capluiing  these  places,  in  which  the 
benefits  of  their  aciiuisitiotj  to  France  and  the  United  Stales  were  dis- 
tinctly pointed  <uit.  They  W(!re  of  imj)ortance  to  France,  it  was  said, 
because  "the  fishrry  of  Newfi)undland  is  justly  considered  the  l)asis  of  a 
good  marine;"  and  because  "the  posscssidu  (;!"  these  two  places  neces- 


24 

sarily  secures  to  the  party  and  their  friends  the  island  and  fisheries.'' 
Among  the  benefits  to  the  United  States  would  be  the  acquisition  of 
'•two  States  to  the  Union,"  and  the  securing  of  the  fisheries  jointly  with 
France,  "to  the  total  exclusion  of  Great  Britain." 

An  alliance  with  France  secured,  a  plan  to  reduce  Canada  at  least 
was  accordinglj'  matured  and  adopted  by  Congress  in  the  course  of  the 
last- mentioned  year.  It  was  the  prevalent  opinion  in  the  United  States 
that  the  Frencli  ministry  not  only  approved  of  this  measure,  but  that 
one  of  their  objects  in  forming  an  alliance  with  us  was  to  regain  a  part 
or  the  whole  of  the  possessions  in  America  which  they  had  lost  in  pre- 
vious wars,  and  thus  regain  their  former  position  and  iniiuence  in  the 
western  hemisphere.  But  the  fact  is  now  well  ascertained  that  they 
were  averse  to  the  design  against  Canada,  and  that,  from  the  first,  it 
was  their  settled  policy  to  leave  that  colony  and  Nova  Scotia  depend- 
encies of  England.  Washington  dissented  from  Congress,  and  pre- 
sented that  body  with  a  long  letter  on  the  subject.  He  thought  the  plan 
both  impracticable  and  unwise.  Among  his  reasons  for  the  latter  opin- 
ion was,  that  France  would  engross  "the  whole  trade  of  Newfoundland 
whenever  she  pleased,"  and  thus  secure  "the  finest  nursery  of  seamen 
in  the  world."     The  expedition  was  never  undertaken. 

The  treaty  of  commerce  between  France  and  the  United  States  con- 
cluded in  1778,  and  annulled  by  act  of  Congress  in  the  j^ear  1800,  con- 
tained the  following  provisions : 

"Art.  9.  The  subjects,  inhabitants,  merchants,  commanders  of  ships, 
masters,  and  mariners  of  the  states,  provinces,  and  dominioriis  of  each 
party,  respectively,  shall  abstain  and  forbear  to  fish  in  all  places  pos- 
sessed, or  which  shall  be  possessed,  by  the  other  party.  The  Most  Chris- 
tian King's  subjects  shall  not  fish  in  the  havens,  bays,  creeks,  roads, 
coasts,  or  places  which  the  said  United  States  hold,  or  shall  hereafter 
hold  ;  and  in  like  manner  the  subjects,  people,  and  inhabitants  of  the- 
said  United  States  shall  not  fish  in  the  havens,  bays,  creeks,  roads, 
coasts,  or  places  M'hich  the  Most  Christian  King  possesses,  or  shall  here- 
after possess.  And  if  any  ship  or  vessel  shall  be  found  fishing  contrary 
to  the  tenor  of  this  treat}'-,  the  said  ship  or  vessel,  with  its  lading,  proot 
being  made  thereof,  shall  be  confiscated.  It  is,  however,  understood  that 
the  exclusion  stipulated  in  the  present  article  shall  take  place  only  so 
long  and  so  far  as  the  Most  Christian  King  or  the  United  States  shall 
not  in  this  respect  have  granted  an  exemption  to  some  other  nation. 

"Art.  10.  The  United  States,  their  citizens  and  inhabitants,  shall 
never  disturb  the  subjects  of  the  Most  Christian  King  in  the  enjoyment 
and  exercise  of  the  right  of  fishing  on  the  Banks  of  Newfoundland,  nor 
in  the  indefinite  and  exclusive  right  which  belongs  to  them  on  that  part 
of  the  coast  of  that  island  which  is  designated  by  the  treaty  of  Utrecht, 
nor  in  the  rights  relative  to  all  and  each  of  the  isles  which  belong  to  his 
Most  Christian  Majesty — the  whole  conformable  to  the  true  sense  of  the 
treaties  of  Utrecht  and  Paris." 

Embarked  in  war  with  the  greatest  maritime  power  in  the  world, 
France  had  need  of  all  her  seamen  ;  and  to  secure  for  her  ships-of-wax 
her  fishermen  absent  at  Newfoundland,  her  treaty  of  alliance  with  the 
United  States  was  kept  secret  for  some  weeks,  to  give  time  for  their 
return.  During  hostilities,  St.  Pierre  and  Miquelon,  if  not  almost  abaur 
doned  by  fishing-vessels,  were  the  scene  of  no  incidents  to  detain  us. 


25 

At  the  peace  in  17S3,  the  whole  subject  of  the  French  rights  of  fish- 
inij  was  examined  and  arranged.  As  will  be  seen,  several  important 
changes  were  made,  and  explanations  exchanged,  by  ihc  two  conlract- 
iag  jiowcrs.  It  may  be  observed,  further,  that  the  luv)  fisliing-grounds 
accjnired  were  thought  less  valuable  than  those  which  she  rehnquished, 
though  the  privileges  obtained  by  France,  considered  together,  were 
nnich  greater  than  those  provided  in  the  treaty  of  17G3.  The  articles 
which  relate  to  the  subject  in  the  treaty,  and  in  the  "declaration"  and 
"counter  declnration,"  or  separate  articles,  are  as  follows: 

"Art.  2.  His  Majesty  the  King  of  Great  Britain  shall  preserve 
in  lull  right  the  island  of  Newlbundland  and  the  adjacent  islands,  in 
the  same  mcmner  as  the  whole  was  ceded  to  him  by  the  13th  article  of 
the  treaty  of  Utrecht,  save  the  exceptions  stipulated  b}^  the  5th  article 
of  the  present  treaty. 

"Akt.  3.  His  Most  Christian  Majesty,  [of  France,]  in  order  to 
prevent  quarrels,  which  have  hitherto  arisen  jjctween  the  two  nations 
of  England  and  France,  renounces  the  right  of  fishing,  which  belongs 
to  him  by  virtue  of  the  said  article  of  the  treaty  of  Utrecht,  from  Caj^ 
Bonavista  to  Cape  St.  John,  [Point  Riche,]  situated  on  the  eastern 
coast  of"x\ewt()undland,  in  about  fifty  degrees  of  north  latitude  ;  whereby 
the  Fren(;h  fishery  shall  commence  at  the  said  Cape  St.  John,  [Point 
Riche,]  shall  go  round  by  the  north,  and,  going  down  to  the  western 
coast  of  the  island  of  Newfoundland,  shall  have  for  boundary  the  place 
CiiUed  Cape  Ray,  situated  in  forty-seven  degrees  fifty  minutes  latitude. 

"Art.  4.  The  French  fishermen  shall  enjoy  the  fishery  assigned 
tlu^m  by  the  foregoing  article,  as  they  have  a  right  to  enjoy  it  by  virtue 
of  the  treaty  of  Utrecht. 

"  Art.  5.  His  Britannic  Majesty  will  cede,  in  full  right,  to  his  Most 
Christian  Majesty  the  islands  of  St  Pierre  and  Miquelon. 

"  Art.  G.  With  regard  to  the  right  of  fishing  in  the  Gulf  of  St.  Law- 
rence, the  French  shall  continue  to  enjoy  it  contormal)ly  to  the  otb 
article  of  the  treaty  of  Paris,"  [1763.] 

In  the  "declaration"  on  the  part  of  Great  Britain,  it  is  said  that — 

"In  order  that  the  fishermen  of  the  two  nations  may  not  give  cause 
for  daily  quarrels,  his  Britannic  Majesty  will  take  the  most  positive 
measures  for  preventing  his  subjects  from  interrupting,  in  any  manncT, 
by  their  competition,  the  fishery  of  the  French,  during  the  temporary 
exercise  of  it  which  is  granted  to  them,  upon  the  coasts  of  the  island 
of  Newffjundland  ;  and  he  will,  for  this  purpose,  cause  the;  lixcxl  settle- 
ments which  shall  be  formed  there  to  be  removed. 

"His  Britannic  Majesty  will  give  orders  that  the  French  fishermen 
be  nf)t  incotnruoded  in  cutting  th(>  wood  necessary  for  the  repair  of  their 
scatibjds,  hilts,  and  fishing-vessels.  The  13th  article  of  the  treaty  of 
Utrecht,  and  the  method  of  carrying  on  the  fishery  which  has  at  ail 
times  been  acknowledged,  shall  be  the  plan  upon  which  the  fisheiy  shall 
be  carried  on  there.  It  shall  noi  he  deviated  from  by  either  party — the 
French  fishermen  building  only  their  scall()l(ls,  confining  themselves  lo 
th(*  rej);!  r  of  their  fisliing-v(\ssels,  and  not  wintering  there;  tlw^  sul)j(H-t3 
of  his  I  litanu'e  Majesty,  on  their  part,  not  niolesliiig,  in  any  manner, 
the  Fren  h  lis  ermcn  during  their  fishing,  nor  injuring  their  scallolds 
during  their  absence.     The  Kingof  (Jreat  Britain,  in  ceding  the  islands 


26 

of  St.  Pierre  and  Miquelon  to  France,  regards  them  as  ceded  for  the 
purpose  of  serving  as  a  real  shelter  to  the  French  fishermen,  and  in  fiill 
confidence  tluit  these  possessions  will  not  become  an  object  of  jealousy 
between  the  two  nations,  and  that  the  fishery  between  the  said 
islands  and  that  of  Newfoundland  shall  be  limited  to  the  middle  of 
the  channel." 

In  the  "  counter  declaration"  on  the  part  of  France,  it  is  said  that — 

"  Tlie  King  of  Great  Britain  undoubiedly  places  too  much  confidence 
in  the  uprighTness  of  his  Majesty's  intentions  not  to  rely  upon  his  con- 
stant attention  to  prevent  the  islands  of  St.  Pierre  and  Miquelon  from 
becoming  an  object  of  jealousy  between  the  two  nations.  As  to  the 
fishery  on  the  coasts  of  Newrbundland,  which  has  been  the  object  of 
the  new  arrangements  settled  by  the  two  sovereigns  upon  this  matter, 
it  is  sufficiently  ascertained  by  the  5th  article  of  the  treaty  of  peace 
signed  this  day,  and  by  the  declaration  likewise  delivered  this  day  by 
his  Britannic  Majesty's  ambassador  extraordinary  and  plenipotentiary; 
and  his  Majesty  declares  that  he  is  fully  satisfied  on  this  head.  In  re- 
gard to  the  fishery  between  the  island  of  Newtbundland  and  those  of 
St.  Pierre  and  Miquelon,  it  is  not  to  be  carried  on,  by  either  party,  but 
to  the  middle  of  the  chaimel;  and  his  Majesty  will  give  the  most  posi- 
tive orders  that  the  French  fishermen  shall  not  go  beyond  this  line. 
His  Majesty  is  firmly  persuaded  that  the  King  of  Great  Britain  wiU 
give  like  orders  to  the  English  fishermen." 

The  fishery  at  St.  Pierre  and  Miquelon,  at  the  period  of  the  French 
revolution,  was  in  a  prosperous  condition;  but  the  confusion  and  distresses 
of  civil  war  soon  produced  a  disastrous  change,  and  the  fishing-grounds 
were  in  a  great  degree  abandoned  itjr  several  years.  In  1792,  the 
number  of  men  employed  both  at  Newfoundland  and  Iceland  was  less 
than  thirty-four  hundred.  The  hostile  relations  with  England  which 
followed  the  domestic  commotions  caused  additional  misfortunes,  until 
the  peace  of  Amiens,  in  1802.* 

In  the  year  1800,  by  a  treaty  between  the  United  States  and  France, 
concluded  at  Paris,  it  was  stipulated  that  "neither  party  will  interfere 
with  the  fisheries  of  the  other  on  its  coasts,  nor  disturb  the  other  in  the 
exercise  of  its  rights  which  it  now  holds,  or  may  acquire,  on  the  coast 
of  Newfoundland,  in  the  Gulf  of  St.  Lawrence,  or  elsewhere  on  the 
American  coast  northward  of  the  United  States.  But  the  whale  and  seal 
fisheries  shall  be  free  to  both  in  every  quarter  of  the  world."  Napoleon, 
at  this  time,  was  "premier  consul  of  the  French  republic." 

The  French  cod-fishery  at  Newfoundland  was  hardly  re-estabhshed 
at  the  peace  of  Amiens,  when  renewed  hostilities  with  England  occa- 
sioned fresh  calamities.  Until  the  downfill  of  Napoleon,  in  1814,  this 
branch  of  distant  industry  was  pursued  without  vigor,  and  with  severe 
losses. 

*  The  fishing  privileges  wliich  were  contiuued  to  France  were  again  the  subject  of  complaint 
at  the  peace  of  Amiens.  The  Eight  Hon.  "William  "Windham,  in  a  speech  in  rarliament,  Novem- 
ber 4, 1801 ,  said  that,  by  the  terms  of  the  proposed  peace,  "  France  gives  nothing,  and,  excepting 
Trinidad  and  Ceylou,  England  gives  everythmg;"  and  in  the  enumeration  of  cessions  which 
"  tended  ouly  to  coutirm  more  and  more  the  deep  despair  in  which  he  was  plunged  in  con- 
templating the  probable  consequences  of  the  present  treaty,"  he  mentioned,  "in  North 
America,  St.  Pierre  and  Miquelon,  with  a  right  to  the  fisheries  in  the  fullest  extent  to  which 
eaey  were  ever  claimed." 


27 

At  the  peace,  a  deputation  of  English  merclmnts  and  others  con- 
nected with  Newfoundland  entreated  their  government  to  refuse  to 
France  continued  rights  of  fishing  allowed  under  the;  treaties  of  1713, 
of  17G;],  and  of  178^3.  But  the  British  ininistry,  aside  from  general 
considerations,  regarded  the  restoration  of  the  Bourhons  as  an  event  of 
momentous  consequence  to  Europe,  and  confirmed  to  France  all  her 
i()reign  possessions  exactly  as  they  stood  at  the  commencement  of  the 
war.  The  Newfoundland  colf)nists  have  never  ceased  to  complain  of 
the  renewed  compelliiou  which  this  policy  required  them  to  meet. 
They  contend  that,  whatcn^er  was  the  opinion  in  17S:j,  the;  fishing-gi-ounds 
along  the  shores  irom  Cape  Ray  to  Cape  John,  which  are  enjtjyed  by 
the  French  to  the  exclusion  of  all  others,  are,  in  the  judgment  of  every 
person  competent  to  decide,  the  very  best  at  Newfoundland;  and  they 
further  insist,  by  reason  of  the  advantages  possessed  by  France  and 
the  United  States,  that  the  English  deep-sea,  fishery  has  been  aban- 
doned. These  and  similar  statements  are  to  be  found  in  oflicial  papers 
and  in  private  letters,  and  are  never  omitted  by  the  colonists  in  their 
convei^ations  on  the  subject  of  their  fisheries. 

It  may  not  be  unkind  to  reply  that  the  French  and  x\m(Mican  fisher- 
men are  industrious,  and  that  there  need  be  no  other  explanation  of 
ttieir  success. 

The  insertion  here  of  the  thirteenth  article  of  the  treaty  of  Paris  in 
1S14  is  not  necessary.  As  already  intimated,  the  French  were  con- 
firmed in  the  rights  which  they  possessed  previous  to  the  war.  The 
el<ivcnth  article  of  the  treaty  of  Paris  in  the  following  year,  at  the 
general  pacification  in  Europe,  reiterates  the  confirmation.  Reference, 
therefore,  to  the  articles  of  the  treaty  of  17S3,  to  the  "declaration"  and 
"counter  declaration"  recorded  at  length  in  the  proper  connexion,  will 
afford  a  perfect  knowledge  of  the  present  extent,  limitations,  and  local- 
ities of  the  fishing-grounds  of  France  in  the  American  seas. 

With  peace  came  prosj)erity.  In  ISIG,  the  French  tonnage  at  New- 
foundland was  nearly  thirtj'-one  thousand;  the  amount  in  1S23,  how- 
ever, appears  to  have  b(X'n  reduced  nearly  onc-lialf  It  rose  suddenly, 
and  in  a  single  year,  to  about  thirty-seven  thousand,  and,  increasing  an- 
nually, except  in  1S25,  was  upwards  of  fifty  thousand  in  1829.  In 
the  succeeding  ten  years  the  increase  was  only  five  thousand. 

The  number  of  vessels  emj)l()yed  in  1841  and  two  years  later  was 
aljout  four  hundred;  and  thf;  number  of  seamen  in  1847  was  estimated 
?it  twelve  thousand.  These  facts,  on  which  I  rely,  all()rd  proof  that  the 
Newfoundland  fishery  is  now  prosecuted  with  energy  and  success.  To 
f()llow  the  statements  of  the  English  colonists  which  are  to  be  met  with 
in  ofiicial  documents,  the  number  of  men  engaged  at  St.  Pierre  and 
Miquelon,  and  on  various  j)arts  ol"  the  coast  between  Ca[)(>  Ifay  and 
• 'ajK^  John,  should  be  computed  at  twenty-live  thousand.  MMk  re  is 
the  same  authority  fijr  estimating  the  animal  catch  of  fish  at  one  mil- 
lion of  quintals. 

I  regard  the  views  of  M.  D.  L.  KodiM,  of  Paris,  as  far  more  accu- 
rate. He  states  that,  ^^  without  her  colonics,''''  the  cod-lishery  would  ^'■be- 
come vcarhj  cjtinctf  that  thest^  colonies  "o«/^  conaunu:  unnuaUij  ciishfij 
ihou.vrntl  (/n/ntdls;''  that  f()r(!ign  nations  ^^ scarcely  tu/cc  a  Ji/ih^^  of  the 
catch;  and  that  "it  is  by  sui)milliiig  to  the  exorbitant   duties,  which  at 


28 

any  moment  may  be  changed  into  prohibition,  that  the  precarious  and 
trilling  market  in  Spain  is  retained."  A  very  large  proportion,  then, 
of  the  produce  of  the  cod-fishery  is  consumed  in  France ;  and  it  is  a 
sufficient  refutation  of  the  estimate  of  the  English  colonists  to  say  that 
the  qunntity  remaining  after  deducting  the  exports,  as  computed  by 
M.  Rodet,  is  not  wanted  in  that  kingdom. 

The  number  of  vessels  since  the  peace  of  1815  has  not  exceeded 
four  hundred,  except  in  the  single  year  of  1829;  and,  assuming  that 
the  statement  in  discussion  is  correct,  these  vessels  employed  an  average 
of  sixty  men  each,  or  double  the  number  which,  as  all  persons  familiar 
with  the  business  well  know,  is  necessary  on  board  as  fishermen,  or  on 
shore  as  "shoresmen."  The  same  fallacy  exists  as  to  the  catch;  for  a 
million  of  quintals  for  four  hundred  vessels  is  twenty-five  hundred 
quintals  to  each,  or  considerably  more  than  double  the  mean  quantity 
caught  by  the  vessels  of  any  flag  in  the  world.  To  allow  liberally  for 
the  catch  of  the  "boat  fishery,"  and  to  consider  "boat  fishermen"  as 
included  in  the  estimate,  1  cannot  think  that  the  figures  of  the  English 
colonial  documents  are  accurate  by  quite  one-half.  Tf  further  evidence 
of  exaggeration  be  wanted,  it  may  be  found  in  the  grave  assertions  of 
the  same  writers  that  our  own  vessels  fishing  in  the  waters  of  British 
America  are  manned  with  upwards  of  thirty-seven  thousand  men,  and 
catch  in  a  year  one  and  a  half  millions  of  quintals  of  fish ! 

The  statements  thus  refiited  are  of  consequence,  as  will  be  seen  in 
another  part  of  this  report. 

Equally  exaggerated  are  the  averments  that  the  French  and  Ameri- 
can fisheries,  "bolstered  up  by  bounties  and  prohibitions,"  have  "as 
completely  swept"  the  English  flag  from  the  Grand  Bank  of  New- 
foundland "as  if  Lord  Castlereagh  had  conceded  the  exclusive  right" 
in.  1814,  or  as  if  the  "combined  fleets  of  France  and  America  had 
forced  it"  to  retreat  to  "the  in-shore  or  boat  fishery;"  and  that  the 
"French  and  Americans,  having  taken  possession  of  the  Grand  Bank," 
have,  by  so  doing,  "  extended  lines  of  circumvallation  and  contravalla- 
tion  round  the  island,  preventing  the  ingress  or  egress  of  fish  to  and 
from  the  shore,  and,  according  to  the  opinions  of  those  best  qualified 
to  judge,  greatly  injuring  the  in-shore -^fishery — the  only  fishery  left  to 
British  subjects,  and  that  only  to  a  portion  of  the  island." 

Deferring  a  full  answer  to  these  complaints  until  the  subject  of  colo- 
nial allegations  relative  to  our  own  aggressions  and  violations  of  our 
treaty  rights  are  considered  in  detail,  the  only  answer  necessary  to  be 
made  here  is,  simply,  that  the  "ingress"  and  "  egress  of  fish  to  and  from 
the  shore"  has  7iot  eiitirdy  ceased,  as  yet,  since  the  export  of  codfish  from 
the  English  Newfoundland  fishery  amounts  to  nearly  one  million  of 
quintak  annually!  The  lamentations  of  a  people  who,  though  "com- 
pletely swept"  from  their  own  outer  fishing-grounds,  still  show,  by 
their  own  returns  of  the  customs,  that  they  have  sold,  between  1841  and 
1849,  both  inclusive,  a  mean  quantity  of  nine  hundred  and  sixty-seven 
tkoum,nd  quintals  (to  be  exact  in  the  statistics)  annually,  may  well  excite 
a  smile. 

That  the  charge  against  the  French  fishermen  of  trespassing  upon 
the  fishing-grounds  reserved  to  British  subjects  is  true,  to  a  considera- 
ble degree,  may  be  admitted.     Her  Majesty's  ships-of-war  have  some- 


29 

times  found  tlicin  ngyrcssors,  not  only  n.t  NewKjiindLind,  bnt  on  tiie 
coast  of  Labiador.  Troubles  iVoni  this  source  occurred  in  1842;  and 
in  the  following  year  the  British  sloop-of-war  Electra,  in  endeavoring 
to  drive  oft'  a  vessel  fishing  on  the  southwesterly  shore  of  Newt()und- 
land,  unfortunately  killed  one  man  and  wounded  others  on  board  of 
her.  It  apj)ears  that  the  Klcctra  was  on  the  station  l()r  the  purpose  of 
enforcing  the  treaty  stipulations;  that  one  of  her  Iwats  ga.ve  cFiase  to 
the  French  vessel,  and,  not  being  able  to  come  up  with  her,  fired  across 
her  bows  for  the  purpose  of  bringing  her  to;  that,  not  having  accom- 
plished this  object,  another  sliot  was  fired  over  her,  which,  proving  as 
iuollcctual  as  the  first,  was  followed,  by  order  of  the  officer  in  charge, 
bv  a  shot  aimed  dirix'tly  on  l)oard,  and  producing  the  results  mentioned. 
The  aftiiir  cre;itcd  much  excitement  at  the  moment.  A  french  frigate 
arrived  at  the  capital  to  demand  explanations,  and  the  governor  of 
Newfoundland  immediately  sent  a  despatch  to  the  ministry  "at  home," 
stating  the  facts  of  the  case.  The  oflence,  in  this  instance,  consisted 
merely  in  taking  bait  on  the  shore  not  within  the  limits  prescribed  for 
vessels  of  the  French  flag  by  the  treaties  of  1713  and  of  17S3.  Tlie 
officer  in  command  of  the  Electra's  boat  is  said,  by  the  colonists,  to 
have  acted  in  accordance  with  the  rules  of  the  service;  but  a  contrary 
opinion  was  expressed  by  the  French.* 

The  "Bultow"  system  of  fishing  is  clearly  in  vioLition  of  treaty 
stipulations.  Prior  to  the  peace  of  IS  15,  there  is  good  reason  to  believe 
ihat  both  French  and  English  fislied  from  the  decks  of  their  vessels, 
witiiout  coming  to  anchor,  and  without  lines  moored  with  several  thou- 
sand baited  hooks  attached  thereto,  as  at  present.  There  is  much  dif^ 
fi-rence  of  opinion  as  to  the  degree  of  injury  to  the  shore,  or  English 
fishery,  on  this  account;  but  since  the  question  is  one  to  be  settled 
entire!}-  by  the  "declaration"  in   1783 — nan^ely,  that  "the  method  of 


*  The  French  fishermen  suffered  ranch  at  the  hnnds  of  the  British  officers  who  guarded  the 
CoasfK  in  IHo'i.     A  colonial  ncvspiiper  coiitaiiicd  tlic  followinij;  uccount: 

"It  appears  that  the  Chaiirs,  undtT  the  coniinand  of  James  Tobin,  esq.,  commissioner  of 
fisheries,  has  been  doiiif;  service  at  IJelleisle,  where,  oiitlie  2'Mh  ultimo,  there  were  about  one 
himdred  l->eiicli  tislieniien,  wirli  about  liiiity  batteaiix,  who  v.ere  just  eoiunieiiciiiir  iheir  an- 
luiiil  invasion  (jf  J'ritish  ri<,']its.  Mr.  Tobiii  immediately  ran  down  to  H.  M.  briu  !>a]ii)li()  to  ob- 
tttiii  help,  as  James  Finlay  had  not  then  arrived  with  liis  crew.  His  niessen<;tu"  had  to  travel 
seven  nales  over  land  on  the  nii,'ht  of  that  day,  and  by  half-past  eleven  of  tho  same  ni;;ht  re- 
turned with  an  intimation  from  Capt.  Cochran  that  he  woidd  laud  the  re(piired  force  by  day- 
liilht  on  the  fidlowin<;  day  in  IMaek  Joe  Cove,  whither  Mr.  Tobin  then  proceeded  witli  tho 
Charles,  and  found  that  the  Frenchmen  had  been  already  routed  by  the  nieu  of  the  Sa]iplio, 
and  were  runnin*,'  in  theii-  batteaux  under  reefed  foresail  and  mainsail — ilie  «ind  )>lowiu!,'  half 
a  Ljale  at  the  time.  The  (,'liarles  escorted  them  round  tlie  island  of  I'.ellcisle,  and  then  lelt 
them,  without  one  fish,  to  make  tin;  bt!st  of  ihrir  w;iy  in  a  ]>cltiu<,'  slonn  to  l^uirpon.'' 

Near  the  (dose  of  the  season,  another  c(doiiiid  lu'^spajter  stated  that — 

"The  Viiiilance  brip-of-war  vessel,  on  the  coast  td"  Newfoundland,  has  dan)!ij;ed  the  Frtnwh 
fisheries  veiTimudi.  Fifly  vessels  of  tlie  fleet  in  the  straits  of  IJelleisle  will  return  home,  having 
«»ii.dify  thousand  c|iiintals  short  of  last  year's  cat(di." 

'J'lii-si-  proceeding's,  it  Would  seem,  were  authorized  I'V  the  ministry,  under  the  general  plan 
adopted  in  Irf.Vi  to  ])reveut  encroiudnnents  on  the  lishin^'-grounds.  Adiidral  Se_\mour,  inn 
letter  to  (In-  t;ovenior  id' Newfoundland,  remarks  that — 

"Her  M.'ijesty's  t'overnmenf  tire  so  desirous  iti.it  ample  meiins  should  be  niveii  to  clwck  tho 
numerous  rneroaeliments  which  have  been  represi'iited  to  hiive  taken  place  iu  the  last  years  at 
Kcllei:<le  and  the  coast  of  Labrador,  thiit  I  am  further  iiulhori/ed  to  hire  anil  emidoy  some 
Riiiall  sidiooners,  for  whii.-h  I  am  to  provide  othcers  and  nu'n,  for  the  |)urpose  of  carruiii,'  tho 
object  other  Majesty's  government  lidly  into  ell'cct  on  the  coast  of  Labrador,  under  tho  diruo 
Uou  of  the  capia'ui  of  tho  ship  or  stcuiuer  there  employed." 


30 

carryiirg  on  the  fishery  which  has  at  all  thnes  been  acknowledge d  shall 
be  the  plan  upon  which  the  fishery  shall  be  carried  on  there,"  and  that 
"it  shall  not  be  deviated  from  by  either  party," — there  need  be  no 
inquirv  into  any  other  matter.  The  *'plan"  of  the  "Bultow"  had  not, 
*V/?  all  times  been  •acknovuleclged'^  in  17S3,  and  it  is  therefore  an  aggres- 
sion. 

The  last  complaint  of  the  English  colonists  which  I  shall  notice  is, 
that  "the  exclusive  right  of  fishing  exercised  by  the  French  from  Cajie 
Ray  to  Cape  John  is  a  usurpation."  The  "declaration"  just  referred 
to  was  framed  expressly  that  "the  fishermen  of  the  two  nations  may 
not  give  cause  for  daily  quarrels ;"  and  different  fishing-grounds  were 
assigned  to  each,  to  accomplish  an  object  so  desirable  to  both.  More- 
over, the  British  ministry  engaged  to  remove  "the  fixed  settlements" 
of  their  own  people  within  the  limits  prescribed  to  the  French,  and 
actually  issued  orders  for  the  purpose  soon  after  the  conclusion  of  the 
treaty.  The  intention  w"as,  I  cannot  doubt,  that  vessels  of  the  two 
flags  should  never  pursue  the  cod  on  the  same  coasts  ;  and  unless  the 
words  quoted  convey  this  meaning,  they  mean  nothing.  The  expe- 
rience of  more  than  a  century  had  shown  that,  under  any  other  arrange- 
ment, "daily  quarrels"  would  be  inevitable.  I  submit,  with  deference, 
that  the  interest  of  all  parties  imperatively  requires  that  people  of  dif- 
ferent origin,  language,  and  religion,  and  of  national  prejudices  almost 
invincible,  should  be  kept  apart. 

The  French  government  wisely  protect  their  fisheries  by  bounties — 
wisely  consider  them  of  national  importance.*     Without  its  aid,  they 

*[translation.] 

The  National  Assembly  of  France  has  passed  a  law  of  the  following  tenor  relative  to  the 
great  maritime  fislieries. — June  24th,  9th  and  22d  July,  1851. 

Cap.  I. — CoD-FisHERY. 

From  the  1st  January,  1852,  to  the  30th  June,  1861,  the  bounties  granted  for  the  encourage 
meut  of  the  cod-fishery  will  be  fixed  as  follows : 

1st. — Bounty  OH  the  outfit — 

Fifty  francs  per  niau  of  the  crew  employed  at  the  fishery,  either  on  the  coast  of  Newfound- 
land, at  St.  Peter's  and  Miquelon,  or  on  the  Grand  Bank,  and  possessmg  a  drying-place. 

Fifty  francs  per  man  of  the  crew  employed  in  the  Iceland  fishery,  without  a  drying-place. 

Thirty  francs  per  man  of  the  crew  employed  at  the  fishery  on  the  Grand  Bank  of  Newfoimd- 
land,  and  w  ithout  a  drying-place. 

Fifteen  francs  per  man  of  the  crew  employed  at  the  Dogger  Bank  fishery. 

2d. — Bounty  on  the  produce  of  the  fishery — 

Twenty  francs  per  metric  quintal  of  ttiy  codfish,  the  produce  of  the  French  fishery,  to  be 
shipped,  either  direct  from  the  fishing  settlements  or  from  the  ports  of  France,  for  the  markets 
of  the  French  colonies  of  America  and  India,  or  for  the  settlements  on  the  west  coast  of 
Afiica,  and  other  transatlantic  countries — provided,  always,  that  the  fish  be  landed  at  a  port 
where  there  is  a  French  consul. 

Si.\tecn  francs  per  metric  quintal  of  dry  codfish,  the  produce  of  the  French  fisheiy,  shipped 
either  direct  from  the  fishing  settlements  or  from  the  ports  of  France,  and  destined  for  tlie 
countries  of  Europe  and  the  foreign  states  on  the  shores  of  the  Mediterranean,  Sardinia  and 
Algeria  being  excepted. 

SLxteeu  francs  per  metric  quintal  of  diy  codfish,  the  produce  of  the  French  fishery,  that 
may  be  imported  into  the  French  colonies  of  America  and  India,  and  other  transatlantic  coun- 
tries, when  said  fish  are  exported  from  the  ports  of  France  without  having  been  there  landed. 

Twelve  francs  per  metric  quintal  of  dry  codfish,  the  produce  of  the  French  fishery,  shipped 
for  Sardinia  and  Algeria,  either  direct  from  the  fishoig  settlements  or  from  the  ports  of  France. 

Twenty  francs  per  metric  quintal  of  the  hard  roe  of  codfish,  the  produce  of  the  French  fish- 
ery, brought  mto  France  by  their  fishing-vessels. 

Note. — One  kilogramme  is  equal  to  2  lbs.  '6i  oz. ;  220^  lbs.  equal  to  1  quintal  metrique, 
(say  metric  qiiiut-al.) 


31 

admit  that  "the  cod-fishery  could  not  exist."  This  fislicry,  says  M. 
Senac,  "  is  a  productive  industry;  and  it  furnishes  more  than  a  fifth  fart 
of  the  whole  number  of  o%ir  seamen,  and  hij  far  the  best  'portion  of  them. 
There  is  no  cheaper,  better,  or  more  useful  school  for  the  formation  of  seamen 
for  the  navy,  and  none  is  more  capable  of  extension  and  development.  The, 
doubling  of  the  consumption  and  exportation  (f  the  produce  (f  the  fisheries 
would Jurnish  onr  fleets  with  twelve  thousand  more  seamen.''^ 

We  have  seen  that  when,  in  1778,  France  embarked  in  our  revohj- 
tionary  struirgle,  her  fishermen,  absent  at  Newfoundland,  were  recalled 
to  enter  her  ships-of-war.  The  same  reliance  is  placed  upon  them 
now.  War  was  apprehended  in  1S41,  and  M.  Thiers  followed  the  ex- 
ample of  the  statesmen  referred  to;  and  M-  Rodet  affirmed  that, 
"without  the  resources  which  were  found  in  the  sailors  engaged  in  tJie  fish- 
eries, the  expedition  to  Algiers  could  not  have  taken  place. ^^ 

These  reasons  are  not  only  sufficient  to  justify,  but  to  demand, 
national  encouragement.  But  it  may  be  urged,  in  addition,  that  the 
o|)('u  or  deep-sea  cod-fishery  differs  from  almost  every  other  employ- 
njcnt;  that  in  war  it  is  nearly  or  quite  destroyed;  that  in  peace  it 
cannot  be  pursued  for  more  than  four  or  five  months  in  a  year;  that 
often  skill  and  industry  are  insufficicnit  to  insure  good  fares;  and  that, 
when  success  attends  severe  toil  and  exposure,  the  fishermen  barely 
subsist.  The  effects  of  a  "l)ad  catch"  are,  indeed,  sad  and  calamitous. 
The  disasters  of  1847  afford  a  recent  and  a  forcible  illustration.  In 
that  year  the  French  cod-fishery  proved  a  failure.  The  quantity  of  fish 
caught  was  scarcely  a  sixth  part  of  that  of  former  seasons ;  and  the 
fishermen,  discouraged,  al)andoned  the  business  as  early  as  the  middle 
of  August.  The  labor  of  the  summer  and  the  expenses  of  repairs  and 
of"  outfits  lost,  the  actual  want  of  f()od  and  clothing  until  another  year 
came  round  was  alone  prevented  by  the  bounty  allowed  by  the  gov- 
ci"nment. 

The  manner  of  fishing  is  now  the  only  toj)ic  that  need  claim  atten- 
tion. It  is  to  be  observed  that  the  principal  fishing-grounds  are  three, 
and  that  on  eacli  there  is  a  difference  in  the  mode  of  operations  and  in 
the  size  of"  the  vessels.  First,  the  fishery  on  the  cejasts  of  Newfound- 
land, which  has  always  been  considered  the  most  important,  as  being 
more  certain  and  emplojung  the  greatest  number  of  men.  The 
vessels  are  of  ;dl  sizes — from  thirty  to  two  hundred,  and  even  three 
hundred  tons.  The  latter  size  is,  however,  rare.  When  the  vessel 
arrives  en  the  coast,  which  is  generally  early  in  .Jun(%  she  is  dis- 
mantled. Her  boats,  with  two  men  and  a  l)oy  in  each,  are  sent  out 
every  morning,  when  the  weather  will  permit,  to  fish  until  night.  On 
the  return  in  the;  evening,  the  fish  taken  are  split,  salted,  and  put  in 
"/.77?67/^;.v"  or  ])ilcs;  remaining  in  |)il('s  ;i  li-w  da\\<,  they  are  "washed 
out "  and  dried  until  they  are  fit  to  ship.  'J'hese  processes  aic  re- 
pe.ited  I'roin  dav  to  day  until  the  fiire  is  e(tni])lete(l,  or  th(>  season  has 
p.isscd  ;i\\  av.  Towards  tiie  close  of  Sc|)l(iiib(r,  fishing  is  suspt-nch  d, 
and  ihe  vessels  depart  ff)r  France  (tr  the  West  Indies. 

'J'Ik'  (irand  Bank  fishery  is  pursued  in  vessels  of  between  one  and 
two  liiuirlrefl  tons  l)urden,  with  Iwo  strong  chaloupes,  or  boats,  to  each. 
I'Vom  sixteen  to  twenty  men  compose  a  crew.  TIk;  vessels  proceed 
first  to  k^t.  Fieri  e,  land  the  shorc-IJshermen  and  "curcrs,"  autl  thcnco 


a2 

take  position  on  the  banks,  anclioring  in  seventy  or  eight}'  fathoms  of 
water.  Everything  in  readiness  the  chaloupes  are  launched  and  sent 
out  at  night  to  pkice  the  "ground-lines,"  to  which  are  attached  some 
four  or  live  thousand  hooks.  When  not  too  boisterous,  these  lines  are 
examined  every  day,  and  the  fish  attached  to  the  hooks  split,  salted,  and 
placed  in  the  hold  of  the  vessel.  Meanwhile,  the  fish  caught  on  board 
by  the  men  not  assigned  to  the  boats  are  treated  in  the  same  way. 
The  first  fare  is  usually  secured  in  June,  and  carried  to  St.  Pierre  to 
be  dried.  The  second  fare  is  cured  at  the  same  place ;  but  the  third — 
if  fortunately  there  be  another — is  commonly  carried  to  France  "green." 

This  fishing  is  difficult  and  dangerous.  It  requires  expert  and  daring 
men.  It  is  prosecuted  hi  an  open,  rough,  and  often  a  stormy  sea,  and 
frequently  involves  the  loss  of  boats  and  their  crews. 

The  third  fishery,  at  St.  Pierre  and  Miquelon,  is  similar,  in  some  re- 
spects, to  that  between  Cape  Ray  and  Cape  John,  on  the  coast  of 
Newfoundland.  Boats,  instead  of  vessels,  are,  however,  emplo^^ed  in 
it.  The  boats  of  the  two  islands  are  between  three  and  four  hundred 
in  number,  and  require  two  men  to  each.  They  go  out  in  the  morning 
and  return  at  night.  Thus,  as  in  all  shore-fisheries,  the  fishermen  always 
sleep  at  their  own  homes.  As  this  is  the  only  business  of  the  islands 
nearly  all  the  men,  women,  and  chikh-en  are  engaged  in  catching  or 
curing.     The  season  opens  in  April,  and  closes  usually  in  October. 

We  have  seen  the  importance  attached  by  France  to  her  immense 
American  domains  and  with  what  pertinacity  she  maintained  her  pre- 
tensions to  the  monopol}'^  of  the  fishing-grounds.  It  remains  to  speak 
more  particularly  than  has  yet  been  done  of  the  two  lone,  bare,  and 
rocky  islands  that  remain  to  her  as  monuments  of  the  vicissitudes  of 
human  condition  and  of  national  humiliation. 

The  situation  of  St.  Pierre  and  Miquelon  commands  the  entrance  of 
the  Gulf  of  St.  Lawrence.  The  growth  of  wood  is  insufficient  even 
for  fael.  They  produce  no  food,  and  the  inhabitants  are  dependent  on 
France  and  other  countries  for  supplies.  The  population  of  St.  Pierre 
in  1847  was  2,030,  of  which  about  one-quarter  was  "floating"  or 
non-resident.     The  population  of  Miquelon  at  the  same   time  was  625. 

There  are  several  Catholic  churches  and  schools,  priests,  monks, 
and  nuns.  In  1S48,  a  hospital,  sufficiently  commodious  to  receive  up- 
wards of  one  hundred  sick  persons,  was  erected.  The  dwellings  are 
of  wood.  The  government-house  is  of  the  same  material,  and  plain  and 
old-fashioned.     The  streets  are  narrow,  short,  and  dirty.     The  official 

Eersonages  are  a  governor,  a  commissary  or  minister  of  marine,  a  har- 
or-master,  and  some  inferior  functionaries.  The  military,  limited  by 
treaty  to  fifty  men,  consist  of  about  thirty  ge?is  d'armes.  Upon  the  sta- 
tion is  a  single  armed  ship,  though  other  armed  vessels  are  occasional 
visiters.  The  present  light-house  was  erected  in  1845,  at  a  cost  of 
80,000  francs,  and,  well  built  of  brick,  is  a  substantial  edifice. 

Such  are  the  two  islands — two  leagues  in  extent — which  remain 
to  the  power  that  once  possessed  the  whole  country  bordering  on  the  Mis- 
sissippi, the  limitless  regions  penetrated  by  the  St.  Lawrence — Acadia, 
from  Canseau,  in  Nova  Scotia,  to  the  Kennebeck  river,  in  Maine;  the 
island  of  Cape  Breton;  and  the  hundred  other  isles  of  the  bays  of  the 
northern  and  eastern  possessions. 


33 

French  cod -fishery. 


1504. 
15-27. 
1577. 
1578. 
1G15. 
1721 . 
1744- 
1745. 
1768. 
1773. 
1774. 
1786. 
1787- 
1816. 
18-23. 
1824. 
1825. 
1826. 
1827. 
1828. 
1829. 
1830. 
1831. 
1833. 
1834. 
1835. 
1839. 
1841. 
1843. 
1847. 


Years. 


No.  of 
vessels. 


Tonnage. 


Number  of 
men. 


Quintal.s  of 


Value. 


12 

150 
1.50 
100 
400 
564 
100 
2.59 
264 


184 

348 

3:«; 

341 
387 
381 
414 
377 
302 


400 
400 


24,  420 
24, 996 


30,  954 
16,258 
36, 999 
35, 172 
38,  938 

44,  868 

45,  094 
50,  574 
45, 036 
35, 180 


54, 995 


27,500 


1,  441, 500 


9, 722 
10, 128 
15,137 

7,  000 

6,  000 
8,108 
3,  6.55 
6,672 
6,311 

7,  088 
8, 238 
7,  957 
9,428 
8,174 
6,243 

10,  000 
10,  000 


200, 000 


426,  400 
128, 590 


300,  000 


300,  000 


11,499 
11,900 


12, 000 


450, 000 


$861,723 


COD-FISHERY   OF    SPAIN. 

Participating  in  the  excitement  which  prevailed  in  Europe  on  the 
discovery  in  the  American  seas  of  varieties  of  fish  not  previously  known 
or  used  in  the  fnsts  of  the  Roman  church,  Spain  was  an  early  competi- 
tor with  France  ;md  England.  Vessels  of  her  flag  were  certainly  at 
Newfoiindhind  as  soon  as  the  year  1517.  Sixty  years  later,  the  nuni- 
hcr  of  licr  vessels  employed  in  the  fishery  there  is  estimated  at  one 
hundred.  The  number  rapidly  diminished.  Sylvester  Wyat,  of  Bris- 
tol, England,  who  made  a  voyage  to  the  St.  Lawrence  and  Newfound- 
land in  1-593,  found  only  eight  Spani.<h  ships  in  a  fleet  of  upwards 
of  eighty  sail  of  French  and  English  vessels.  From  the  remarks  of 
Smith — who  became  the  f  itlier  of  Virginia — it  would  seem  tliat  in  tlie 
early  part  of  the  seventeenth  century,  liie  Spanish  fishery  was  pursued 
with  greater  vigor  than  at  the  time  last  mentioned.  But  the  greater 
W(,'altli  to  be  acquired  in  the  gold  regions  of  South  America  soon  lured 
the  S})aiiiards  from  an  avocation  of  so  great  toil,  and  ot"  so  uncertaia 
rewards.  No  contrj)versy  l)etween  Spain  ami  England  as  to  their  re- 
spective rights  to  the  fishing  grounds,  ever  arose. 

a 


34 

Spain  retired  from  our  waters  in  peace,  and  at  her  own  pleasure. 
Little  is  heard  of  her  in  connexion  with  our  subject  for  quite  a  century, 
and  until  the  peace  of  1763.  Her  claim — resting  on  discovery — ever 
vague  and  uncertain  at  the  north,  had  become  almost  as  obsolete  as 
that  of  the  King  of  England  to  the  title  of  King  of  France.  Still,  in  the 
definitive  treaty  concluded  at  Paris,  she  formally  renounced  "  all  pre- 
tensions which  she  has  heretofore  formed,  or  might  form,  to  Nova 
Scotia  or  Acadia,  in  all  its  parts,  and  guaranties  the  whole  of  it,  and 
with  all  its  dependencies,"  and  ceded  and  guarantied  to  England,  "  in 
full  right,  Canada,  with  all  its  dependencies,  as  well  as  the  island  of 
Cape  Breton,  and  all  other  islands  and  coasts  in  the  gulf  and  river  of 
St.  Lawrence;  and,  in  general,  everything  that  depends  on  the  said 
countries,  lands,  islands,  and  coasts,  with  the  sovereignty,  property, 
possession,  and  all  rights  acquired  by  treaty  or  otherwise."  With  this 
treaty  the  history  of  the  Spanish  fishery  in  America  terminates.* 

COD-FISHERY    OF    PORTUGAL. 

An  account  of  this  fishery  may  be  embraced  in  a  single  paragraph. 
If  materials  exist  by  which  to  ascertain  its  progress  and  final  extent,  I 
have  not  been  able  to  find  them. 

Portuguese  vessels  were  at  Newfoundland  as  early  as  those  of  Spain; 
and  in  1577,  the  number  employed  there  is  estimated  at  fifty.  These 
two  facts  comprise  the  substance  of  my  information  upon  the  subject, 
except  that  Portugal,  like  Spain,  soon  abandoned  all  attention  to  the 
claims  derived  from  the  voyages  of  her  navigators  to  the  northern  parts 
of  our  continent,  and  devoted  her  energies  and  resources  to  colonization 
in  South  America,  and  the  acquisition  of  wealth  in  the  mines  of  Brazil.t 

*  Spain  relinquished  her  rights  at  the  peace  of  1763,  with  reluctance,  though  she  had  long 
ceased  to  exercise  them.  A  letter  of  Sir  Joseph  Yorke  is  quoted  in  the  correspondence  of 
Horace  Walpole,  in  which  it  is  said:  "By  what  I  hear  from  Paris,  my  old  acquaintance,  Gri- 
maldi,  is  the  cause  of  the  delay  in  signing  the  preliminaries,  insisting  upon  points  neither  France 
nor  England  would  ever  consent  to  grant,  such  as  the  liberty  of  tisliing  at  Newfoundland ;  a 
point  we  should  not  dare  to  yield,  as  Mr.  Pitt  told  them,  though  they  were  masters  of  tho  Tower 
of  London." 

t  The  rivers  and  coasts  of  Portugal  abound  in  fish.  But  the  fisheries  are  neglected  by  the 
government.  The  whole  number  of  sailors  and  fishermen  who  belonged  to  the  kingdom  rn 
182^,  was  only  18,700.  I  find  in  an  ofl^cial  document  a  statement  which  shows  that  during  the 
twenty-four  years  ending  in  1825,  the  quantity  of  dry  codfish  imported  into  Portugal  was  seven 
million  five  hundred  and  twenty  thousand  quintals,  of  the  value  of  more  than  thirty-nine 
millions  of  dollars !  As  late  as  the  year  1839,  certainly,  the  govemmeut  pursued  the  policy  of 
levying  a  tax  or  duty  on  the  produce  of  the  domestic  or  coast  fishery;  a  fact  which  enables  us 
to.  account  for  the  miserable  condition  of  the  kingdom,  as  regards  its  maritime  strength  and 
jce«.Qurcea. 


35 


PART  II. 

NEWFOUNDLAND— NOVA  SCOTIA— CAPE  BRETON— PRINCE  EDWARD  ISL- 
AND—MAGDALENE ISLANDS— BAY  OF  CHALEURS— LABRADOR- NEW 
BRUNSWICK. 


ENGLISH  COD-FISHERY NEWFOUNDLAND. 

Newfoundland  is  the  oldest  colony  of  England  in  America.  It  is 
said  that  in  the  puhlic  library  of  Venice  there  is  a  map,  constructed  by 
Andrea  Bianco,  in  1436,  which  authorizes  the  conjecture  that  it  was 
known  to  fishermen  before  the  voyage  of  Cabot,  in  1497.  Ti)e  story, 
to  state  its  substance  in  a  word,  is,  that  the  island  Scorajixa,  or  Stoxa- 
Jixa,  on  the  map,  and  the  island  of  Newfoundland,  are  identical,  be- 
cause the  codfish  is  called  stock-fish  in  the  northern  languages. 

The  Enghsh  resorted  to  Iceland*  for  the  cod,  previous  to  the  year 

*  The  Icelanders,  at  the  present  time,  derive  their  chief  subsistence  and  profit  from  the  sea. 
They  live  principally  on  the  shores  and  harbors,  where  fish  are  plentiful.  The  fishinji  season  com- 
mences in  February,  and  closes  in  May.  The  fishermen  wear  a  dress  of  leather,  rubbed  over 
with  train-oil  until'it  is  nearly  impervious  to  water.  They  fish  with  line  and  hooks,  baited 
with  shell-fish,  or  pieces  of  flesh.  They  have  lately  become  acquainted  with  nets,  and  use 
them  in  the  herring  fishery.  When  they  leave  the  shore  they  take  off  their  hats,  and  offer  up 
a  petition  fi)r  success,  and  recommend  themselves  to  the  Divine  protection  in  a  prayer  or 
hymn.  They  then  row  to  the  fishing  grounds,  and  continue  there  all  day.  In  1804  the  total 
number  of  boats  employed  was  twenty-one  hundred  and  sixty-three,  namely:  208,  with  eight 
and  ten  oars;  ],0ti8,  with  four  and  six  oars;  and  887  of  smaller  size.  Bessestaar  is  the  seat 
of  a  good  academy,  with  a  collection  (in  1826)  of  fifteen  hundred  volumes,  which,  says  Malte 
Brun,  "  is  no  doubt  the  most  northern  library  in  the  world."  Iceland,  he  observes, "  produces 
no  salt;  but  the;  water  of  the  siuTouudiug  sea  is  fully  as  saline  as  that  of  the  Mediterranean. 
The  salt  which  the  Icelanders  obtain  from  if  gives  a  bluish  tint  to  fish." 

Kcikiavik,  acconling  to  another  writer,  was  selected  as  the  seat  of  government  "for  the  con- 
venience of  its  harbor,  and  for  the  gravel  beach — a  thing  of  rare  occurrence  in  Iceland."  The 
exports  of  fish  from  Reikiavik,  in  180(5,  were  much  larger  than  from  ajiy  other  place. 

The  Dutch  cod-fighery  is  of  importance. 

[Translation.] 
STATE    PAPER    OF    THE    KINGDOM    OF    TftE    NETHERLANDS, 

No.  13. — Art  of  Glh  March,  1818,  fur  the  encouragement  of  the  Iceland  cod-fishery. 

We,  William,  by  the  grace  of  God  King  of  the  Netherlands,  Prince  of  Orange  Nassau,  Grand 

Duke  of  Luxembourg,  Ac. 

Be  it  knoWTi  to  all  those  who  shall  see  these  presents,  or  hear  them  read,  greeting: 

Considering  that  the  little,  or  Iceland,  cod-fisliery  lias  iiecn  eontiimally  supported  and  en- 
WHiraged  by  premiums  out  of  the  pubfur  treasury  in  behalf  of  those  who  carry  on  this  branck 
of  industry,  so  important  to  the  prosperity  of  the  country; 

And  that  tiie  reasons;  which,  iu  former  times,  |)leaile<l  for  the  allowance  of  those  premiums, 
have  still,  at  the  [iresent  time,  their  full  force  and  weight  : 

We  have  therefore  heard  our  council  of  state,  and,  with  the  advice  of  the  States  General, 
do  hereby  decree  and  direct: 

Artici.k  I    There  siiall  be  paid  out  of  the  publico  treasury  a  premium  of  five  hundred  guild 
crs  f(tr  every  voyage  of  each  ship,  which,  for  aecoiiut  of  our  subjects,  is  fitted  out  in  thia 
kingdom,  and  shall  sail  from  on«;of  its  jiorts  during  ilu^  years  181t<,  IHI't,  and  |Hv>i(,  ftir  Iceland 
t4i  carry  on  the  little  lifihery — that  is,  the  cod-lishory — between  the  si.\iy  lifih  and  sixty-soveat 
degrees  of  north  latitude. 


36 

1415,  but  there  is  no  account  ot  their  fishing  at  Newfoundland  prior  to 
1 517.  Some  writers  suggest  that  the  French  commenced  at  the  same 
time.  But  the  fact,  generally  admitted,  that  ships  from  England, 
France,  Spain,  and  Portugal,  to  the  number  of  fifty,  were  employed  in 
1517,  is  alone  sufficient  to  show  that  the  fishing  grounds  had  been  visited 
'for  several  years.  Indeed,  to  consider  that  the  French  went  to  New- 
foundland for  the  first  time  in  1504,  and  that  in  thirteen  years,  and  in 
the  infancy  of  distant  and  perilous  voyages,  their  adventures  had  at- 
tracted the  attention  of  three  other  nations  to  the  extent  just  stated,  is 
to  allow  an  increase  of  flags  and  of  vessels  so  rapid  as  to  still  require 
explanation,  without  a  knowledge  of  the  fishing  enthusiasm  of  the  pe- 
riod. Besides,  some  forty  or  fifty  houses  for  the  accommodation  of  fish- 
ermen were  built  at  Newfoundland  as  early  as  1522. 

A  letter  is  preserved  in  the  Memoir  of  Sebastian  Cabot,  written  by 
John  Rut  to  Henry  the  Eighth,  and  dated  at  St.  John,  Newfoundland, 
August  3, 1527,  which  seemingly  warrants  the  conclusion  that  the  Eng- 
lish fishery,  at  that  time,  was  of  little  consequence,  since  he  states  that 
he  found  "eleven  saile  of  Normans,  and  one  Brittaine,  and  two  Portu- 
gall  barkes"  in  that  harbor,  but  makes  mention  of  no  others,  and  pro- 
poses to  sail  along  the  coast  to  "meete"  the  only  vessel  of  his  own  flag 
known  by  him  to  be  in  that  region. 

An  eflbrt  to  found  a  colony  was  made,  however,  in  1536,  under  the 
auspices  and  at  the  expense  of  Mr.  Hore,  a  wealthy  merchant  of  Lon- 
don. A  company  of  one  hundred  and  twenty  persons  was  formed,  of 
whom  thirty  were  gentlemen  of  education  and  character.  They  ar- 
rived at  Newfoundland,  but  accomplished  nothing.  Many  perished  of 
starvation.  The  survivors  fed  on  the  bodies  of  the  dead,  and  finally 
reached  England. 

Twelve  years  later,  we  find  that  the  fishery  was  considered  of  great 
national  importance,  and  worthy  of  legislative  encouragement.  Thus, 
an  act  was  passed  by  Parhament  imposing  severe  penalties  on  persons 
eating  flesh  on  fish-days.  The  punishment  for  the  first  offence  was  a 
fine  of  ten  shillings,  ten  days'  imprisonment,  and  abstinence  from  meat 
during  the  same  time;  while  for  the  second,  these  inflictions  were 
doubled.  The  sick  and  aged,  to  whom  flesh  was  nece^ssary,  were  ex- 
empted on  obtaining  licenses  from  the  ecclesiastical  authorities.* 

Another  act,  of  1548,  and  remarkable  as  the  first  of  England  which 

Art.  II.  In  cases  where  particular  circumstances  have  occurred  diuing  the  voyage,  we  re- 
serve to  ourselves  the  regulation  of  the  premium  in  such  a  manner  as  those  circumstances 
may  deem  to  require. 

We  order  and  command  that  the  present  shall  be  inserted  in  the  State  paper,  and  that  all 
ministerial  departments  and  authorities,  colleges  and  officers,  are  charged  with  the  due  execu- 
tion of  these  presents. 

Given  in  Graveuhague,  (Hague,)  the  6th  March,  in  the  year  1318,  in  the  fifth  of  our  reign. 

William. 
By  the  King :  A.  R.  Falk. 

*  A  license  to  eat  meat  on  fish-days  is  too  great  a  curiosity,  m  our  time,  to  be  omitted.  The 
following  is  a  copy  of  one,  granted  in  the  reign  of  James  the  First,  of  England : 

"  Whereas  Mr.  Eichard  Young,  of  Okeboume  St.  George,  in  the  countye  of  Wiltes,  Es- 
quire, is  a  Gent,  of  good  age,  subject  to  many  sicknesses,  diverse  infirmities,  and  in  bodye  of 
a  very  weak  constitution,  and  hath  with  him  in  his  house  his  mother,  Mris.  Ann  Young, 
widowe,  a  Genf.  of  great  age  (above  four  score)  very  sicklye,  feeble,  and  subject  to  diuerse 
maladies,  and  having  others  in  his  house  sicke,  and  have  long  bine,  to  whom  fish,  by  reason  of 


37 

relates  to  America,  had  special  reference  to  Newfdundlnnd,  and  to  the 
abuses  that  existed  there.  Its  preamble  is  quiiint.  "Forasmuch,"  it 
commences,  "  as  within  these  few  yeeres  now  last  past  there  have  bene 
levied,  perceived,  and  taken  by  certain  officers  of  the  admiraltie,  of 
such  marchants  and  fishermen  as  have  used  and  practised  the  adven- 
tures and  journeys  into  Iceland,  NewfoundLmd,  Ireland,  nnd  other 
places  commodious  for  fishing,  and  the  getting  of  fish,  in  and  upon  the 
seas  and  otherwise,  by  wey  of  marchants  in  those  partees,  divers  great 
exactions,  as  summcs  of  money,  doles  or  shares  of  fish,  and  such  other 
like  things,  to  the  great  discouragement  and  hindrance  of  the  same 
marchants  and  fishermen,  and  to  no  little  dammage  of  the  whole  com- 
monwealth, and  thereof  also  great  complaints  have  bijuc  made,  and  in- 
formations also  yerely  to  the  King's  Majesties  most  honorable  councell; 
for  reformation  whereof,"  &c.,  «&c.  From  this  period,  and  in  conse- 
quence of  the  measures  adopted,  rewards  to  officers  of  the  government 
were  discontinued,  and  the  Newfoundland  fishery  became  entirely  free 
to  every  inhabitant  of  the  realm. 

It  is  of  interest  to  remark  that  the  foreign  trade  of  England  was  then 
limited  to  the  Flemish  towns,  and  to  the  fishing  grounds.  To  extend 
commerce  by  still  further  encouragement  to  the  branch  of  industry  be- 
fore us,  a  curious  act  of  Parliament  was  passed  in  1563,  which  provided 
^^tkat  as  icell  for  the  mmntcnancc  of  shi2^pi?ig,  the  increase  of  fishtrmcn  and 
marines,  and  the  rcimiring  of  port-toicns,  us  for  the  sj^aring  of  the  fresh 
victual  of  the  realm,  it  shall  tiot  be  laivful  for  any  one  to  cat  Jlesh  on  Wed- 
nesdaijs  and  Saturdays,*  unless  under  the  forfeiture  of  ^3  for  each  offence, 
excepting  in  cases  of  sickness  and  those  of  special  liccJises  to  he  obtained^ 
For  these  licenses  peers  were  required  to  pay  about  six  dollars,  knights 
and  their  wives  about  three  dollars,  and  other  persons  one  dollar  and  a 
half;  but  neither  peer  nor  commoner  could  cat  beef  on  the  two  prohib- 
ited days.  As  will  be  remembered,  this  was  a  sort  of  transition  period 
in  religion;  and,  fearing  that  the  act  would  be  considered  as  popish,  it 
was  provided  that  "whoever  shall,  by  preaching,  teaching,  writing,  or 
open  speech,  notify  that  any  eating  offish,  or  forbearing  of  flesh,  men- 
tioned in  this  statute,  is  of  any  necessity  for  the  serving  of  the  soul  of 

thfire  ajjo,  nifknesspR  anfl  diuerso  infirniiiies,  is  iudiicd  by  the  skilful  (as  I  am  iuforincd)  to  be 
verj-  hiirtfiill  to  tln-ir  bodies,  and  likt'lje  to  brccdc  and  ]»riiig  diuerse  diseases  and  sicknesses 
upon  rhcni :  'I'hcy  then-fore  haiie  recjiieste  me,  tiieire  minister,  the  promises  considered,  to 
give  and  tinut  them  license,  this  time  of  Lent,  to  eate  flesli,  for  the  better  avoidinpe  of  siek- 
neiises  and  di.s<'ases  wliieh,  by  their  alisteyning  fni  flesh,  mi^ht  growe  ui>i>on  them:  Know  yo, 
therefore,  that  I  Adam  I'dylhe,  Mr.  of  Arts  nnd  of  Okeiionrne  aforesaid,  Viccar,  dueiye  eoii- 
Biderin^  this  theire  s(»  iawfiill  re(iuesf,  and  tendering  the  heltli  and  wellfare  of  the  said  Mr. 
Richard  Voinif;  and  Mris.  Ann  Vonnu,  his  natiirall  iind  ajred  motii<'r,  have  t;iven  and  f,'ranfed, 
aiid  by  tliese  presents  do  j,'ive  and  ijrant  lo  tiie  said  Mr.  K'iejiard  Vouni;  and  Mris.  Ann  ^'oiiiii:, 
and  U>  (foiire  persons  more,  b-ave,  power  and  license,  (so  farr  as  in  me  lietli,  and  I)y  lawe  safely 
I  may  without  danger,  and  no  further)  to  dresse  or  cause  to  be  dressed,  for  tiiem  to  cafe,  lleJi 
tills  time  of  Lent  nowe,  (olbiwin};,  prohil)itin<.'e  nrur.r  (lultssr,  and  by  this  tiriint  forhiilili/i//  tlirm, 
all  miinnrr  of  sluimhlt  mi/Ucs  irhatxurrrr.  In  witness  whereof,  to  this  present  license  I  liavo 
put  to  my  hand  nnd  seale.  L)al<jd  and  given  at  my  lioiisi.'  in  Ukebourne  aforesaid,  H'obruajy 
tiiui  xiiitiie,  IGlti. 

Ky  me,  Aoam  Ui.vtiie,  the  \'iccar  il)id." 

'  I'al^rave,  in  liis  Tlistorj'  of  the  Anp;b>-Saxi>ns,  obser\es  of  the  ori;,'in  of  tlie  names  of  the 
days  of  the  week  in  the  Saxon  mythology,  tiuit  "Lastly  cam(!  Suftrr,  from  whom  Saturday  is 
named.  He  was  rej>resented  as  standini;  upon  a  (i^<ll,  and  he  held  a  bucket  in  his  hand,  eo 
tiuit  Lu  appcurti  to  have  beeu  a  wut«r  deity." — Loudou  ed.,  p.  G^. 


38 

man,  or  that  it  is  the  service  of  God  otherwise  than  as  other  pohtic  laws 
are  and  be,  then  such  persons  shall  be  punished  as  spreaders  of  false 
news  ought  to  be."  Such  were  the  means  adopted  to  increase  "ship- 
ping" in  the  infancy  of  English  navigation. 

These  laws  were  speedily  followed  by  others.  In  1571,  fishermen  of 
the  realm  were  permitted  to  export  sea-fish  free  of  the  customs  ;  while 
the  same  year,  and  by  another  act,  foreign  fishermen  anchoring  on  the 
English  coast,  or  interfering  in  waters  where  nets  were  used,  wore 
liable  to  seizure  and  confiscation. 

Meantime  the  Newfoundland  fishery  was  prosecuted  with  great  vigor. 
The  number  of  vessels  employed  in  it,  of  various  flags,  is  estimated  at 
three  hundred  and  fifty  or  four  hundred.  The  ships  of  France  and 
Spain,  in  1577,  were  much  more  numerous  than  those  of  England,  for 
the  reason,  as  is  stated,  that  the  Enghsh  merchants  still  sent  a  part  of 
their  vessels  to  Iceland.  It  appears,  however,  that  the  Enghsh  ships 
were  the  best ;  that  they  gave  protection  to  those  of  other  nations,  and 
exacted  tribute  or  payment  for  the  service.  The  whole  commercial 
marine  consisted  of  only  1,232  vessels  in  1582,  of  which  217  were 
upwards  of  80  tons.  To  assume  that  the  fifty  then  visiting  Newfound- 
land were  of  the  latter  class,  is  to  state  that  nearly  one  quarter  part  of 
the  navigation  of  England,  suitable  for  distant  voyages,  was  employed 
in  fishing. 

In  1583  Sir  Humphrey  Gilbert,  under  the  first  charter  that  passed 
the  great  seal  of  England  for  colonization  in  America,  arrived  at  New- 
foundland. He  found  thirty-six  vessels  in  the  harbor  of  St.  John  of 
different  nations,  and  was  refused  entrance ;  but  on  hearing  that  he 
had  a  commission  from  Queen  Elizabeth,  they  submitted. 

He  took  possession  of  the  island  with  gi-eat  pomp  and  ceremony, 
and  granted  lands  and  privileges  to  fishermen  in  fee,  on  condition  of 
the  payment  of  quit-rent.  It  is  important  to  remark  that  the  right  of 
England  to  Newfoundland  and  its  fishing-grounds  rests  on  the  dis- 
covery of  Cabot,  in  1497,  and  on  the  possession  of  Gilbert  at  this  time. 
Sir  Humphrey  was  accompanied  by  smiths,  shipwrights,  masons, 
carpenters,  "mineral  men,"  and  refiners,  and,  to  win  the  savages,  toys, 
such  as  morris-dancers  and  hobby-horses,  were  provided  in  ample 
quantities.  The  crews  of  his  vessels,  and,  indeed,  some  of  the  arti- 
sans, were  desperate  men.  The  seamen  on  board  of  his  own  ship, 
the  Swallow,  were,  it  is  said,  chiefly  pirates.  Poorly  clad,  and  fafling 
in  with  a  French  vessel  returning  from  the  fishing-ground,  they  de- 
termined to  rob  her  to  supply  their  wants.  They  not  only  executed 
their  purpose,  by  stripping  their  victims  of  their  clothing  and  of  articles 
of  food,  but,  by  winding  cords  round  their  heads,  produced  such  ex- 
quisite torture  as  to  extort  the  surrender  of  their  most  hidden  stores. 

After  a  short  tairy  at  Newfoundland,  Sir  Humphrey  sailed  for  Eng- 
land. On  the  passage  his  vessel  encountered  a  fearful  gale,  and  he 
and  all  on  board  perished.  He  deserves  honorable  mention  in  our 
annals.  He  was  the  first  great  projector  of  an  American  colony,  and 
a  virtuous  and  enlightened  man,  and  impoverished  himself  and  injured 
his  friends,  and  finally  lost  his  life,  in  his  endeavors  to  plant  the  Anglo 
Saxon  race  in  the  western  hemisphere. 

Assuming  full  title  to  the  island  and  the  fisheries,  the  English  seem, 


39 

for  the  moment,  to  have  attempted  to  exckide  the  vessels  of  otlier  na- 
tions, or,  at  least,  to  have  com{)elle(l  an  acknowlcdunient  of  subjection 
to  them  as  vested  with  proprietary  rights.  We  find  that,  in  1585,  a 
fleet  of  ships  under  Sir  Bernard  Drake  made  prizes  of  several  vessels 
laden  with  fish  and  furs,  which  he  sent  to  England. 

Sir  Huinjjhrey  Gilbert's  voyage,  disastrous  as  it  was  to  himself  and 
to  others,  was  still  the  direct  means  of  exciting  the  atteutiou  of  his 
countrymen  to  adventures,  which,  by  virtue  of  his  patent,  could  be 
made  under  the  protection  of  the  crown,  as  to  a  British  possession.  I 
incline  to  believe  that  the  Newfoundland  fishery  had  never  yet  become 
tlie  favorite  of  the  English  merchants. 

By  the  statute-book  there  were  one  hundred  and  fifty-three  days  in 
a  year  on  which  British  subjects  were  required  to  abstain  from  flesh, 
and  to  eat  fish,  and  the  demand  for  the  products  of  the  sea  was,  of 
course,  immense.  But  the  Iceland  fishery  was  still  prosecuted  ;  and, 
that  her  people  might  not  be  molested  there.  Queen  Elizabeth  conde- 
scended to  ask  the  forbearance  and  protection  of  Chistian  IV  of  Den- 
mark, who  claimed  the  Iceland  seas  as  his  own. 

The  observance  of  the  interdictions  as  to  flesh  on  fish-days  was 
deemed  of  great  moment,  and  among  the  tracts  of  the  time  was  one 
by  John  Erswick,  who  demonstrated  the  "benefits  that  grow  to  this 
realm,"  by  reason  thereof,  in  terms  that  show  he  was  a  devoted  parti- 
san of  the  "fishmongers." 

The  progress  of  the  Newfoundland  fishery  during  the  ten  years  end- 
ing in  1593  was  rapid  beyond  example,  and  Sir  Walter  Raleigh  de- 
clared in  the  House  of  Commons  that  it  was  the  stay  and  support  of 
the  west  counties  of  England.  Yet  it  was  subject  to  interruptions. 
An  example  occurs  in  the  case  of  Charles  Leigh,  a  merchant  of  Lon- 
don, who,  in  1597,  made  a  voyage  with  two  vessels,  and  who,  while 
on  the  American  coast,  was  assailed  by  the  crews  of  French  vessel^, 
to  the  number  of  two  hundred,  who,  landing  pieces  of  ordnance,  kept 
up  a  discharge  of  shot  until  a  parley  was  held  and  the  dilticulty  ad- 
justed. 

As  the  sixteenth  century  closes,  we  record  the  commencement  of 
hostile  relations  between  the  fishermen  and  the  red  Indians  of  New- 
founcUimd. 

Th(  se  Indians  derived  their  food  principafly  from  the  sea.  The 
Europeans,  in  the  course  of  their  merciless  warfare  against  them,  de- 
stroyed their  canoes,  their  nets,  and  their  villages.  The  Indians  en- 
deavored tom;iint;iin  their  rights  of  fishing,  and  bnively  contended  with 
tlieir  opponents,  until  resistance  was  vain.  TIk^  fish  tliey  re(iuir(>d  for 
c/)nsumption  could  not,  in  the  very  nature  of  tilings,  have  diminished 
th(;  catch  of  their  cruel  rivals.  Driven  almost  entirely  from  the  sea, 
finally,  and  unjustly  deprived  of  all  means  of  support,  they  were  com- 
pelled to  plunder  food  to  save  themselves  Irom  starvation.  Watched 
and  wiiylaid  by  their  foes,  they  were  sliDt  down  whenever  they  came 
near  any  of  the  European  fishing  stations.  In  truth,  whenevt>r  and 
wherever  they  were  found,  and  whether  r(3sisting,  or  impk)ring  f<)r  food, 
tJiey  were  slain  as  men  slay  beasts  of  prey.  Men,  women,  and  chil- 
dren w(!re  slaughtered  without  discrimination  ;  and  even  those  who 
were  too  weak  to  raise  the  haaid  of  supplication,  were  not  spared.     In 


40 

a  word,  the  natives  of  Newfoundland  were  exterminated  by  deeds  as 
disgraceful  and  as  damning  as  any  which  appear  in  the  dealings  of  the 
Spaniards  with  those  of  Cuba,  or  South  America. 

From  the  fragmentary  accounts  that  have  come  down  to  us  of  the 
events  connected  with  our  subject,  we  may  conclude  that  the  habits  of 
the  fishermen  who  visited  the  American  coasts  were  loose  and  immoral. 
They  could  hardly  have  been  otherwise.  It  was  not  until  late  in  the 
sixteenth  century  that  bibles,  or  other  printed  books,  were  in  common 
use  anywhere,  or  that  the  manufacture  of  writing-paper  and  time- 
pieces was  commenced  in  England ;  while  gentlemen  who  could  not  • 
write  still  helped  the  memory  by  notches  made  in  sticks,  and  ate  their 
food  without  forks.  Chimneys  in  dwelling-houses  were  rare;  and  even 
after  the  accession  of  Elizabeth,  the  floor  of  the  presence-chamber  of 
the  royal  palace  was  covered  with  hay.  That,  in  this  state  of  society, 
the  humble  class  of  whom  I  speak  were  rude,  ignorant,  lawless,  and 
wicked,  cannot  excite  surprise. 

Our  attention  is  now  to  be  directed  to  incidents  of  moment.  It  is 
estimated  that  two  hundred  English  ships  went  annually  to  Newfound- . 
land  about  the  year  1600,  and  that  they  employed,  as  catchers  on 
board  and  as  curers  on  shore,  quite  ten  thousand  men  and  boys.  The.. 
vessels  commonly  left  England  in  INIarch  and  returned  in  September  ; 
the  fishermen  passing  their  winters  at  home,  idly  spending  their  sum- 
mer's earnings,  or  "share-money."  The  prosperous  condition  of  the . 
fishery  was  often  spoken  of  m  terms  hke  the  following  :  "  To  come," 
says  Sir  William  Monson,  (writing  in  1610,)  "to  the  particulars  of  aug- 
mentation of  our  trade,  of  our  plantations,  and  our  discoveries,  because 
every  man  shall  have  his  due  therein,  I  will  begin  with  Newfoundland, 
lying  upon  the  main  continent  of  America,  which  the  King  of  Spain 
challenges  as  first  discoverer  ;  but  as  we  acknowledge  the  King  of 
Spain  the  first  right  of  the  west  and  southwest  parts  of  America,  so . 
we,  and  all  the  world,  must  confess  that  we  were  the  first  who  took 
possession,  for  the  crown  of  England,  of  the  north  part  thereof,  and  not 
above  two  years'  difference  betwixt  the  one  and  the  other.  And  as  the 
Spaniards  have  from  that  day  and  year  held  their  possession  in  the 
west,  so  have  we  done  the  like  in  the  north  ;  and  though  there  is  no 
respect  in  comparison  of  the  wealth  betwixt  the  two  countries,  yet 
England  may  boast  that  the  discovery,  from  the  year  aforesaid  to  this  very 
day,  hath  afforded  the  sulyect,  annually,  one  himdred  aiid  twenty  thousand 
pounds,  a7id  increased  the  number  of  many  a  good  ship,  and  marijiers,  as  our 
western  jiarts  can  witness  by  their  fishing  in  Newfoundland^'' 

That  in  the  manner  of  prosecuting  the  fishery,  much  time  and  money 
were  lost,  is  obvious  to  practical  men  without  explanation.  To  plant  a 
colony,  and  thus  afford  inducements  to  the  fishermen  to  live  perma- 
nently near  the  fishing-grounds,  was  an  object  highly  desirable  to  per- 
sons of  broad  and  liberal  views.  The  plan,  postponed  by  the  untimely 
end  of  Sir  Humphrey  Gilbert,  and  the  attention  bestowed  upon  coloni- 
zation in  the  more  genial  region  of  Virginia,  by  Sir  Walter  Raleigh,  his 
kinsman  and  associate,  was  now  to  be  renewed. 

In  1610,  and  the  year  following,  two  charters  were  granted  for  the 
purpose.  The  first,  from  the  rank  of  several  of  the  patentees,  is  de- 
serving special  mention.     The  merit  of  the  entei-prise  belongs  to  Mr. 


41 

Guy,  a  merchant  of  Bristol  wlio  published  several  pamphlets,  and  in- 
duced a  number  of  commercial  men  of"  that  city,  and  several  persons  of 
influence  at  court,  to  join  him.  Among  the  latter  class  were  the  cele- 
brated Lord  Bacon,*  who  was  then  solicitor  general ;  Lord  Norlhanip- 
ton,  keeper  of  the  seals;  and  Sir  Francis  Tanfield,  chief  baron  of  the 
exchequer.  The  patent  states,  that  "divers"  of  the  king's  "subjects 
were  desirous  to  plant  in  the  southern  and  eastern  parts  of  Newfound- 
land, whither  the  subjects  of  the  realm  have  for  upwards  of  fifty  years 
been  used  annually,  in  no  small  numbers,  to  resort  to  fish,"  &c.  The 
patentees,  nearly  litty  in  number,  were  designated  as  "The  treasurer 
and  company  of  adventurers  and  planters  of  the  citie  of  London  and 
Bristol,  for  the  colony  and  plantation  of  Newfoundland."  The  limits  of 
their  territory  were  fixed  between  Capes  St.  Mary  and  Bonavista, 
comprising  that  part  of  the  eastern  and  southern  coasts  which  had  been 
hithorlo  the  chief  seat  of  the  fishery. 

The  privileges  granted  were  as  liberal  as  could  be  desired ;  the  only 
reservation  being,  that  all  British  subjects  should  be  allowed  to  fish  at 
will,  and  free  of  tax  or  restraint,  on  the  coasts. 

The  conception  was  a  grand  one,  and  connects  Lord  Bacon  with  our 
annals;  but  no  results,  such  as  were  anticipated,  followed.  Yet,  I  sup- 
pose that  Whitbourne,  of  whom  we  shall  have  occasion  to  speak  par- 
ticularly, alludes  to  this  colony  when  he  says,  "Divers  worshipfuU  citi- 
zens of  the  city  of  Bristol  have  undertaken  to  plant  a  large  circuit,  and 
they  have  maintained  a  colony  of  his  Majestie's  subjects  there  any  time 
these  five  yeares,  who  have  builded  there  faire  houses,  and  done  many, 
mher  good  services ;  who  live  there  very  pleasantly  ;  and  they  are  well 
pleased  to  entertaine,  upon  fit  conditions,  such  as  will  be  adventurers 
with  them."  Whitbourne  also  mentions  by  name  in  the  same  paper, 
which  I  conclude  was  written  in  1621,  the  "WorshipfuU  John  Slany,  of 
London,  merchant,  who  is  one  of  the  undertakers  of  the  Newfi)undland 
plantation,  and  is  treasurer  unto  the  patentees  of  that  society,  who  have 
maintained  a  colony  of  his  Majestie's  subjects  there  above  twelve  years ;" 
but  I  find  no  otlier  account  of  Slany  or  his  associates.  It  appears,  too, 
that  another  company,  having  obtained  a  grant  of  land  at  Newi()undland, 
sent  out  a  party  who  wintered  tluTo  in  1613 ;  but  soon  becoming  weary 
of  their  attem{)ts  for  settlement,  they  transferred  their  grant  to  other  ad- 
vonturers.  Among  the  obstacles  to  colonization  at  tliis  period,  piracy  is 
not  to  be  overlotjked.  Whitbourne  frequently  suflc;red  at  the  hands 
of  freebooters,  and  in  1612  Peter  Easton,  a  noted  pirate,  with  ten 
well-appointed  ships,  made  hims(^lfcompl(3te  master  of  the  seas,  levied 
a  general  contribulion  on  ihc  vessels  employed  in  fishing  and  impressed 
from  those  at  Conc(^pcioii  l'»ay  om;  hundred  men  fJir  his  own  fleet. 
I'irates  continued  to  harass  and  jjhnider  the  fishermen  f()rsev(>ral  years. 

In  1613  we  notice  the  birth  of  the  first  child  of  European  piucnts. 
Two  years  later,  Richard  Whitl)onrne,  already  mentioned,  who  had 
made  many  voyages  to  Newl()undlaiid,  arrived  at  that  island  with  a 
oonnnission  from  the  admirahy  to  empannel  juries  and  cornet  al)uses 
and  disorders  among  the  fishermen  on  the  cotist.     He  summoned  a 

•Francis  Bacon,  Baron  of  Voraliim,  ofin  of  thn  most  remarkable  of  mm,  wafl  boni  in  Lon- 
don, iu  15G1.    Ho  wua  croatod  L(jrd  \V\^\i  Chaucollor  of  England  in  ItiJi),  and  died  iu  1626. 


4T 

court,  and  heard  the  complaints  of  one  hundred  and  seventy  masters 
of  English  vessels.  The  abuses  seem  to  have  been  flagrant.  The 
captains  bad  been  accustomed  to  leave  their  boats  and  salt  on  the  coast, 
hoping  to  find  them  at  the  beginning  of  the  next  season,  but  in  many- 
cases  not  a  vestige  remained  of  either.  The  bait  prepared  for  the  next 
day's  fishing  was  frequently  stolen  out  of  the  nets ;  the  forests  were 
often  wantonly  set  fire  to;  the  large  stones  used  in  pressing  the  fish 
were  sunk  at  the  mouth  of  the  harbors;  and  little  or  no  regard  was 
paid  to  the  Sabbath.  Whitbourne's  courts  and  juries  were  the  first, 
probably,  under  the  authority  of  England,  in  the  New  World. 

Many  thousand  persons  were  employed  as  catchers  and  curers,  and 
the  fishery  was  in  a  flourishing  condition.  Besides  the  vessels  of  foreign 
flags  we  found  "then  on  that  coast,"  says  he,  "of  your  Majestie's  sub- 
jects, two  hundred  and  fifty  sail  of  ships,  great  and  small."*  In  the 
paper  from  which  I  have  cited  he  speaks  of  a  settlement  of  the 
"Worshipfiill  William  Vaughan,  of  Tawacod,  in  the  county  of  Car- 
marthen, doctor  of  the  civil  law,"  who  had  "undertaken  to  plant  a 
circuit  in  the  Newfoundland,"  and  who  "  in  two  severall  years  had  sent 
thither  divers  men  and  women;"  and  he  adds,  that  "there  are  many 
other  worthy  persons,  adventurers  in  the  said  plantations,  whose  names 
are  not  herein  mentioned ;"  concluding  with  an  appeal  to  his  country- 
men to  sustain  the  colonies  of  which  he  had  given  an  account,  because 
of  the  "great  increase  of  shipping  and  mariners,  and  the  employment 
and  enriching  of  many  thousands  of  poore  people  which  now  live  charge- 
able to  the  parishioners,"  and  for  otlier  reasons. 

Leaving  here  the  Newfoundland  fishery,  for  the  present,  we  turn  to 
adventures  on  the  coast  of  New  England.  The  Englishman  who  made 
the  first  direct  voyage  across  the  Atlantic  was  Bartholomew  Gosnold, 
who  explored  our  shores  in  1602,  and,  catching  codfish  near  the 
southern  cape  of  Massachusetts,  gave  the  name  which  it  still  bears. 
He  was  followed  by  the  celebrated  John  Smith  in  1614,  who  took 
"forty  thousand"  fish,  which  he  dried,  and  "seven  thousand"  which 
he  "corned,"  or  pickled,  in  the  waters  of  Maine,  and  purchased  a  large 
quantity  of  furs  of  the  natives.  The  profits  of  his  voyage  were  up- 
wards of  seven  thousand  dollars. 

Four  ships  from  London  and  four  from  Plymouth  came  in  1616. 
They  obtained  full  fares,  and  sold  their  fish  in  Spain  and  the  Canaiy 
Islands  at  high  prices.  The  number  increased  rapidly.  At  the  time 
the  Pilgrims  landed  at  Plymouth  the  island  of  Monhegan,  in  Maine, 
had  become  a  noted  fishing  station.  In  1622  no  less  than  thirty-five 
ships  from  London  and  the  west  counties  of  England  made  profitable 
voyages  to  our  shores.  "Where  in  Newfoundland,"  says  Smith,  a 
common  fisherman  "shared  six  or  seven  pounds,"  in  New  England 
he  "shared  fourteen  pounds."  This  was  a  great  difference;  and  it  is 
to  be  remembered  that  the  profit  of  the  merchant  who  furnished  the 

*  Richard  Mather,  who  came  over  to  Massachusetts  in  1635,  kept  a  journal  of  the  voyage. 
When  on  the  Bank  of  Newfoundland,  "  on  the  end  of  it  nearer  to  New  England,"  he  records 
seeing  "mighty  fishes  rolling  and  timabling  in  the  waters,  twice  as  long  and  big  as  an  ox." 
He  saw,  too,  "  mighty  whales  spewing  up  water  in  the  air,  like  the  smoke  of  a  chimney,  and 
making  the  sea  about  them  white  and  hoaiy,  as  is  said  in  Job :  of  such  incredible  bigness  that 
I  will  never  wonder  that  the  body  of  Jonas  could  be  in  the  belly  of  a  whale." 


43 

Tessel  and  the  outfit  was  increased  in  the  same  proportion.  I  may  add 
that  it  is  of  interest  to  learn  troni  this  r(Mnark  of  Sinith,  and  from  others 
tliat  occur  in  his  pamphlets,  that  the  practice  of  fittiiii^  out  vessels  "  on 
shares  " — to  use  a  term  well  known  among  practical  men,  still  so 
common — was  introduced  more  than  two  centuries  ago. 

Abuses  fir  greater  than  those  which  had  required  the  correcting 
hand  of  Whitbourne  at  Newfoundland  soon  demanded  attention.  Sir 
Ferdlnando  Gorges  and  the  quaint  Hubbard  both  declare  that  the 
fishermen  and  others  taught  the  Indians  "  drunkenness,  wickedness, 
and  lewdness;"  that  they  "abused  the  Indian  women  openly,"  and 
were  guilty  of  "other  beastly  demeanors,"  to  the  "overthrow  of  our 
trade  and  the  dishonor  of  the  government."  To  put  an  end  to  th(>se 
disorders,  and  to  acc'omplish  other  purposes,  Sir  Ferdinando  Gorges's 
son  Robert  was  commissioned,  in  1623,  to  come  to  New  England  as 
lieutenant  general  over  all  the  country  known  by  that  name.  Francis 
West,  bearing  the  commission  of  admiral  of  the  seas,  with  power  to 
restrain  such  ships  as  came  either  to  fish  or  trade  on  the  coast  without 
license,  arrived  the  same  year.  Neither  were  officers  of  the  crown, 
but  the  agents  of  a  private  corporation. 

King  James  had  granted,  three  years  previously,  to  forty  noblemen, 
knights,  and  gentlemen,  the  vast  domain  embraced  between  the  40th 
and  4Sth  degrees  of  north  latitude,  and  extending  from  ocean  to 
ocean.  This  company,  known  in  popular  language  as  the  "Council  of 
Plymouth,"  claimed  not  only  the  territory  within  their  patent,  but  the 
seas.  Assuming  that  the  fishinfj-orounds  from  Acadia  to  the  Delaware 
were  no  longer  free  to  British  subjects,  they  asserted  exclusive  property 
in  and  control  over  them,  and  were  sustained  in  their  pretensions  by 
tlie  King. 

Tiie  controversy  which  followed  the  attempt  of  the  council  to  main- 
tain this  monstrous  claim  was  fierce  and  iuigry  in  the  extreme.  The 
limits  of  this  report  will  allow  but  a  brief  account  of  it.  It  commenced 
in  1621,  two  years  before  the  voyage  of  West,  and  was  continued  for 
several  years. 

Sir  Ferdinando  Gorges's  narrative  of  the  troubles  of  the  council  from 
this  source  and  others  is  preserved  in  the  Collections  of  the  Massachu- 
setts Historical  iSociety,  and  contains  many  interesting  statements.  He 
had  l)een  an  officer  in  Queen  Elizabeth's  navy,  and  intimately  connected 
with  Mason,  who  became  the  grantee  of  New  Hampshire,  and,  with  Sir 
Walter  Raleigh,  the  father  of  American  colonization,  and  was  as  deter- 
mined as  either  of  them  to  leave  his  name  in  our  aiuials.  He  was  ;m 
active,  indeed  the  j)rincip;d,  member  of  the  council,  and  after  its  disso- 
lution, acquired  Maine  in  his  own  individual  right. 

Tiie  council  demanded  that  every  fishing  vessel  shoukl  pay  into  their 
treasury  a  sum  equal  to  about  eighty-three  cents  the  ton,  which,  the 
small  size  of  the  vessels  of  the  period  consirlered,  amount(Ml  to  a  tribute 
j)robal)lv  of  more  than  a  huiuhcd  dollars  from  each  EnglisJi  shij)  that 
should  eoine  uj)ou  our  coast.  They  had  made  no  settlements  upon  the 
lajid,  and  tin;  tonnage  money  to  be  exacted  of  the  fishermen  constituted 
Uie  only  present  source  of  revenue  from  their  possessions. 

The  spirit  of  the  English  pc^ople  was  roused.  The  Dutch  herring- 
ftshery  was  regarded  as  the  "  right  arm  of  Holland,"  and  the  imagiuu- 


44 

tions  of  Englishmen  were  filled  with  dreams  ot  the  fortunes  which  were 
certain  to  be  secured  from  a  kindred  pursuit  in  regions  where  Dutch 
busses  had  not  adventured;  and  the  prodigal  act  of  the  King  in  granting 
to  favorites  of  his  court  the  seas  which  contained  the  treasures  they 
coveted,  caused  the  most  indignant  complaints.  The  House  of  Com- 
mons, obedient  to  the  popular  feehng,  insisted  upon  the  abrogation  of 
the  obnoxious  monopoly,  and  that  every  Englishman  should  be  allowed 
to  fish  at  will,  without  molestation  or  tribute,  within  the  hmits  of  tlie 
council's  patent.  During  the  debate  which  arose,  (a  sketch  of  which 
may  be  found  in  Bar  croft)  the  patentees  were  assailed  with  great  bold- 
ness. "  What,"  said  Sir  Edwin  Sandys,  "  shall  the  English  be  debarred 
fi-om  the  freedom  of  the  fisheries — a  privilege  which  the  French  and 
Dutch  enjoy  ?  It  costs  the  kingdom  nothing  but  labor  ;  employs  ship- 
ping ;  and  furnishes  the  means  of  a  lucrative  commerce  with  Spain." 
"Nay,"  replied  Calvert,  "the  fishermen  hinder  the  plantations;  they 
choke  the  harbors  with  their  ballast,  and  waste  the  forests  by  improvi- 
dent use.  America  is  not  annexed  to  the  realm  ;  you  have,  therefore, 
no  right  to  interfere." 

The  friends  of  ''free  fishing'''  prevailed  in  the  Commons  ;  but  Parfia- 
ment  was  dissolved  before  a  bill  embracing  and  legahzing  the  fruits  of  the 
triumph  could  be  carried  thi'ough  the  forms  of  legislation.  The  council, 
giving  no  heed  to  the  clamors  of  the  people,  and  disregarding  the  course 
of  the  Commons,  sent  over  West,  as  we  have  stated.  To  enforce  the 
payment  of  the  tribute,  and  to  drive  off  and  break  up  the  voyages  of 
those  who  refused,  were  the  principal  objects  of  his  mission.  He  found 
the  fishermen  too  numerous  and  too  stubborn ;  and,  accomphshing  no- 
thing, departed  for  Virginia,  and  thence  returned  to  England.  His  pro- 
ceedings and  the  unyielding  disposition  manifested  by  Gorges  and  other 
members  of  the  council,  caused  a  renewal  of  the  clamor,  and  of  the  de- 
mand that  the  American  fishing  grounds  should  be  declared  free  and 
open  to  all  the  subjects  of  the  realm. 

On  the  meeting  of  Parhament  in  1624,  the  pretensions  of  the  council 
were  again  assailed  with  eloquence  and  power.  Sir  Edward  Coke,* 
Speaker  of  the  Commons,  one  of  the  most  eminent  of  Enghsh  lawyers, 
and  now  in  his  old  age,  indignantly  demanded  the  revocation  of  the 
odious  restriction.  Sir  Ferdinando  Gorges  had  been  summoned  and 
was  present.  "  Your  patent," — thus  was  Gorges  addressed  by  Coke 
fi-om  the  Speaker's  chair — "  Your  patent  contains  many  particulars 
contrary  to  the  laws  and  privileges  of  the  subject ;  it  is  a  monopoly, 
and  the  ends  of  private  gain  are  concealed  under  color  of  planting  a 
colony."  "  Shall  none,"  he  said  in  debate,  "  shall  none  visit  the  sea- 
coast  for  fishing  ?  This  is  to  malie  a  monopoly  upon  the  seas,  which 
wont  to  be  free.  If  you  alone  are  to  pack  and  diy  fish,  you  attempt  a 
monopoly  of  the  wind  and  sun." 

The  Commons  prevailed  a  second  time ;  but  the  bill  to  revoke  the 
cliarter  did  not  receive  the  royal  assent.     Still,  the  council  were  for- 

*He  was  bora  in  1550 ;  he  became  solicitor  general  in  1592,  and  attorney  general  soon  after. 
His  conduct  in  the  latter  capacity,  during  the  trials  of  the  Earl  of  Essex,  and  the  celebrated 
Sir  Walter  Raleigh,  has  been  severely  and  justly  condemned.  Coke,  in  1613,  was  appointed 
chief  justice  of  the  Court  of  King's  Bench.  Towards  the  close  of  his  life,  he  devoted  himself 
to  the  cause  of  the  subject,  in  opposition  to  the  pretensions  of  the  crown;  he  died  in  1634. 


45 

ever  entirely  powerless.  Though  protected  ])y  their  sovereij?n,  puhlic 
sentiment  compelled  su])n]ission;  ;md  wbnndoninfr  their  own  pliins, 
they  continued  to  exist  as  a  corponition,  merely  to  make  grants  of  Innds 
to  other  companies,  and  to  individunl  members  of  their  own  number. 

James  bequeathed  the  quarrel  to  his  son.  The  ill-fated  Charles  had 
haixlly  ascended  the  throne  before  the  Commons  passed  a  bill  for  the 
maintenance  and  increase  of  shipping  and  navigation,  and  for  the  lib- 
erty of  fishing  on  the  coasts  of  Newfoundland,  Virginia,  and  New 
England.  This  bill  was  lost  in  the  House  of  Lc^rds,  but  the  spirit  of 
tiie  Commons  was  not  repressed.  In  a  strong  representation  of  griev- 
ances, which  they  laid  before  Charles,  they  insisted  that  the  restraint 
of  the  subject  in  the  matter  of  fishing,  with  all  the  necessary  incidents, 
was  of  national  concern  and  required  redress. 

This  State  paper,  and  their  reflisal  to  grant  the  King  a  subsidy, 
caused  the  dissolution  of  Parliament. 

It  is  from  this  dissolution  that  we  date  the  disagreements  between 
Charles  and  his  people,  which,  in  their  termination,  overturned  a 
dynasty  and  carried  the  monarch  to  the  block.  In  truth,  I  am  led  to 
conclude  that  the  question  of  "free  fishing"  was  the  first  in  the  series 
of  disputes  relative  to  the  prerogatives  of  the  crown  on  the  one  side, 
and  the  rights  of  the  subject  on  the  other. 

The  political  consequences  of  the  discussions  so  briefly  considered, 
might  well  claim  further  attention ;  but  leaving  them  here,  the  results 
to  the  fisheries  next  demand  our  notice.  These,  for  the  moment,  were 
disastrous  in  the  extreme,  since  I  know  of  no  other  explanation  to  the 
fact,  that  during  the  five  years  embraced  in  the  struggle  the  number 
of  English  fishing-vessels  on  the  whole  extent  of  our  coast  diminished 
much  more  than  one-half,  or  from  four  hundred  to  one  hundred  and 
fifty;  while  it  is  certain  that  in  the  alarm  which  prevailed,  the  mer- 
chants who  had  purchased  the  island  of  Mouhegan,  and  h;id  provided 
tliere  ample  accommodations  for  the  pi^osecution  of  their  adventures, 
sold  their  property  and  retired  from  the  business. 

Singuhir  to  remark,  too,  that  on  the  immediate  coast  of  New  Eng- 
gland — and  for  ships  owned  or  entirely  controlled  by  English  merchants 
— the  right  of  "  free  fishing,"  so  earnestly  contended  for,  was  of  little  real 
value.  Accounts  of  such  ships  terminate  almost  at  the  very  moment 
that  the  right  was  established,  in  the  manner  related.*  In  another 
part  of  this  report,  we  shall  indeed  find  that   single  vessels  continued 

*  GovfMTior  Hradfonl,  in  a  lottor  to  the  "Coiin(;il  of  New  England,"  tlatiHl  at  Plymouth, 
Juiif  I"),  I(i-^7,  coiiiplaiiis  that  the  Enulish  fislicrnifM  on  the  const  "  be^'an  to  leave  fishini;  and 
to  full  wliolly  to  tnuliii};,  to  tlie  ^rrat  detriiiient  of"  the  settlers  there,  and  tiio  "  statt^  of 
Entrlaiid."  In  the  year  following,  eoni]»hiint  wa^!  made  to  tiie  coimcil  ayainst  Thomas  Morton, 
who  "  had  been  often  admonished  not  to  trade  or  truck  with  the  Indians,"  and  against  "the 
fisiiinu  sliips,  who  maile  it  too  ordinary  a  pructico"  to  do  the  .same  iliini,',  and  over  whom  tho 
pi-ci]ilr  of  I'lymouih  had  no  eontrol. 

In  a  eonmnmication  to  Sir  I'erdinnndo  OorRes,  Mm-  same  year.  (M)2H,)  it  is  said  that 
Knulishineii,  under  "  pretence  of  fishini;,"  sold  the  natives  ail  maimer  of  arms  ;  that  "from 
vJu!  L'n-edy  covefousiii-ss  of  tlnr  fishermen,  and  their  evil  example,  the  like  had  i)ei;ati  to  s;row 
amf>n^;si  s(»me,  wlio  pretend  themselves  to  be  jilaiiiers,  tliont'li  indeed  they  intend  nothitii;  less 
but  to  take  opportunity  of  the  time,  and  provide  lliemselves  aixl  betjone,  and  leave  others 
to  rpieneh  the  tire  which  they  have  kindled,"  &r.,  iS.('. 

The  evil  seems  to  have  been  alarmini,',  sinc<J  it  is  further  said,  that  imless  the  colonists  wero 
protected  aijainst  these  misdeeds,  they  must  "  ipiit  tlii'  country."  The  assistanctf  of  dories, 
to  hr\nu.  Morton  "  to  answer  lliosu  whom  it  may  (concern,"  aud  "likewise  that  such  lishenueu 
may  be  called  to  account,"  is  euruo.itly  entreated. 


46 

to  arrive  at,  and  depart  from,  particular  fishing  stations ;  but  these  in- 
stances do  not  change  the  general  truth,  for  most  ot  them  were  con- 
nected with  establishments  occupied  by  persons  who  came  to  settle 
and  remain  in  the  country.  We  may  conjecture  that  these  merchants 
withdrew,  because,  once  interrupted,  they  would  not  adventure  again ; 
or  because  they  were  satisfied  that,  in  the  long  run,  the  Newfoundland 
fishery  would  prove  the  safest  and  most  profitable ;  or  because  some 
of  them  became  interested  with  their  countrymen,  who,  meantime,  had 
founded  the  colonies  of  Plymouth,  New  Hampshire,  and  Maine,  who 
had  set  up  fishing-stages  at  Cape  Ann,  and  were  about  to  undertake 
the  colonization  of  Massachusetts  on  an  extensive  plan. 

The  disasters,  at  most,  were  limited  and  partial.  The  benefits  were 
general,  and  of  vast  consequence.  Had  the  council  succeeded  in  their 
measures  the  whole  course  of  affairs  would  have  been  arrested,  and  the 
settlement  of  the  country  postponed  indefinitely.  Before  the  dissolution 
of  the  corporation,  eight  patents  of  soil  and  fisheries  were  granted  in 
Maine;  and  the  long,  expensive,  and  vexatious  quarrels  which  arose 
there  between  rival  patentees,  and  the  claimants  under  them,  prove 
conclusively  that,  had  the  seas  and  territory  of  all  New  England  been 
lotted  and  parcelled  out  in  the  same  way,  our  history,  for  an  entire 
centur}',  would  have  contained  little  else  than  accounts  of  strifes,  com- 
motions, and  forcible  possessions  and  ejections. 

Several  of  the  patents  issued  by  the  council  previous  to  1626  convey, 
either  by  implication  or  in  express  terms,  to  the  patentees,  the  exclusive 
right  of  fishing  within  their  domains;  and  in  their  eighth  and  last,  to 
Aldworth  and  Elbridge,  two  merchants  of  Bristol,  England,  dated  in 
1631,  and  known  in  Maine  as  the  "  Petnaquid  patent,"  this  provision 
is  retained.  But  grants  to  individuals  to  monopolize  our  seas  disappear 
ever  afterward. 

In  the  charter  to  Calvert,  of  Maryland,  the  freedom  of  the  fisheries  is 
expressly  stipulated.  So,  too,  in  the  grant  to  Gorges,  the  great  cham- 
pion of  monopoly,  any  subject  could  fish  in  Maine,  and  use  the  shores 
for  purposes  of  curing  and  drying. 

The  patent  to  Sir  Henry  Roswell  and  others,  of  Massachusetts,  de- 
fines with  almost  tedious  particularity  the  rights  to  be  enjoyed  by  all 
the  inhabitants  of  the  realm  in  any  of  the  seas,  arms  of  the  sea,  and 
salt-water  rivers,  as  well  as  those  of  drying,  keeping,  and  packing  fish 
on  the  lands  appurtenant. 

In  like  manner  the  charter  of  Rhode  Island,  granted  by  Charles  the 
Second,  expresses  the  royal  will  and  pleasure  to  be  that  "our  loving 
subjects,  and  every  one  of  them,"  shall  "exercise  the  trade  of  fishing" 
where  "they  had  been  accustomed  to  fish."  Even  after  the  expulsion 
of  the  Stuarts,  and  in  the  second  charter  of  Massachusetts,  in  the  reign 
of  William  and  Mary,  when  our  fishing  grounds  had  been  open  more 
than  sixty  years,  the  principles  asserted  by  Coke  in  the  House  of  Com- 
mons are  as  carefully  recognised  and  repeated  as  he  himself  could  have 
desired.  In  these,  and  in  similar  instruments,  then,  and  not  in  the  sta- 
tistics of  vessels  and  men  at  a  particular  time,  we  are  to  seek  for  the 
fruits  of  the  victory  obtained  by  the  sturdy  advocates  of  "fi-ee  fishing, 
with  all  its  incidents,"  in  America. 

We  may  now  pause  a  moment  to  discuss  a  kindred  topic,  which 


47 

changes  the  scene  from  our  seas  to  those  of  the  mother  country.  I 
refer  to  the  "  ship-money,"  levied  by  Charles  the  First,  and  to  Hamp- 
den, who  won  undying  tame  by  resisting  its  payment.  Both  are  more 
intimately  connected  with  our  general  subject  than  seems  to  be  com- 
monly supposed. 

First,  it  cannot  but  have  been  remarked  that  the  acts  of  Parliament 
to  "  increase  shipping,"  by  encouragement  to  the  different  English 
fisheries,  are  numerous  tliroughout  the  period  embraced  in  our  incjuiries. 
The  end  d(>sircd  was  obliiincil ;  and  I  regard  it  as  historically  nccurate 
to  say  that  the  earliest  considerable  demand  for  English  ships  of  proper 
size  and  strength  to  perform  long  and  perilous  voyages  was  for  explo- 
rations and  fishing  upon  our  coasts.  At  all  events,  it  is  certain  that 
down  to  the  time  of  Elizabeth  the  foreign  trade  of  England  was  in  the 
control  of  German  merchants,  and  that  there  had  been  no  employment 
for  many  or  for  large  ships  of  the  realm.*  British  navigation  in- 
creased with  the  growth  of  the  fisheries.  Without  the  fleets  main- 
tained at  Iceland  and  Newfoundland  there  would  have  been  neither 
ships  nor  seamen  to  execute  the  plans  for  the  colonization  of  New  Eng- 
land, and  of  other  parts  of  the  continent,  during  the  reigns  of  James 
and  Chcirles. 

Yet,  while  the  commercial  marine  gained  strength,  the  royal  navy 
continued  small,  and  at  the  accession  of  James  it  consisted  of  but 
thirteen  vessels. 

Chiirles  succeeded  to  a  naval  force  far  too  weak  to  cope  with  the 
fleets  of  his  enemies;  and  after  his  breach  with  the  Commons,  resorted 
to  the  fatal  levies  of  "  ship-money "  to  augment  it,  and  for  a  distinct 
object,  namely,  that  of  breaking  up  the  Dutch  fisheries  on  the  British 
coast.  The  dispute  was  of  long  standing.  Complaints  against  the 
aggressions  of  the  industrious  HolLmders  had  been  made  to  Elizabeth, 
and  to  her  successor.  It  was  said,  indeed,  in  the  time  of  the  latter, 
that  the  Dutch  not  only  engrossed  the  fisheries,  but  the  entire  maritime 
l)usin('ss  of"  tlie  country  ;  and  James  compelled  them  to  pay  an  nnnual 
trilnite  for  the  liberty  of  catching  herring  on  the  coasts  of  iiis  kingdom. 
New  disagreements  arose,  when  they  were  warned  off  by  royal  procla- 
mation. The  Dutch  were  exasperated.  Hugo  Grotius  appeared  in 
their  defence;  and  in  his  Mare  Liheriim  contended  i'or  the  fi(>edom  of  the 
seas.  Seiden,  n  his  Mare  Clausian,  is  supposed  by  British  writers  to 
have  refiitcd  his  arguments,  and  to  have  sliown  by  records  the  first  oc- 
cupancv  of  the  fishing  grounds  by  the  English,  ;ind  their  dominion  over 
the  f(»ur  seas  which  surnjund  the  British  isles,  to  the  utter  exclusion  of 
l)()lh  Dutch  and  French;  as  well  astlie  fact  that  the  Kings  of  England, 
even  witliout  the  authority  of  P;irlianient,  had  levied  large  sums  to 
mainlain  tin;  sovercMgnty  of  these  seas. 

The  Dutcli,  denying  lii(;se  conidusions,  and  insisting  that  the  donn'ni^n 
claimed  by  the  Enghsh  extended  no  further  than   the  friths,  bays,  and 


•  In  l4Hr>  (n-iun  of  Ili-nry  VIII)  Sir  William  ('ceil,  a  T.diidon  iiicrchant,  Rfatcd  tliat  tlicrfl 
worf  not  abovi-  four  incrcliunt,  vf^ssfls,  cxcri'diiit,'  orir  hiindn-il  and  twenty  tons  liiirdtMi,  Ix'lonR- 
inc  to  that  r-ity;  and  that  "  thopf  was  not  a  jwirl  in  I".iiro|>t',  having  tlic^  occiipyin*,'  that  London 
htt<i,  that  was  so  slenderly  provided  with  shi]ts."  Other  writers  assert  that  at  the  death  of 
Queen  Klizalieth  (  Mlu:?,)  more  than  a  eentnry  later,  thero  wuru  uuly  lour  uicrcliaut  ships  in  all 
Kuglaud  of  mure  ihuu  I'uur  huudrod  tuus. 


48 

shores,  still  continued  their  employment  in  the  interdicted  waters.  The 
English  required  an  acknowledgment  of  their  title,  and  a  tribute.  Ne- 
gotiations to  adjust  the  difficulties  between  the  two  nations  failed. 
Meantime,  Charles,  by  his  exactions  of  "  ship-money,"  annually  in- 
creased his  navy.*  At  last  he  was  able  to  fit  out  a  fleet  of  sixty 
sail,  and  the  greatest  ever  equipped  in  England.  This  formidable  ar- 
mament, created  for  the  special  purpose  of  driving  the  Dutch  herring 
fishers  from  the  four  "narrow  seas,"  as  they  were  called,  was  sent  im- 
mediately to  perform  that  service  ;  and  in  the  success  of  the  enterprise, 
the  Dutch  consented  to  pay  a  sum  equal  to  about  one  hundred  and  fifty 
thousand  dollars. 

Such,  I  think,  are  the  conclusions  to  be  derived  fairly  from  the  state- 
ments of  Hume,  and  other  writers  of  English  history.  Dr.  Johnson, 
refusing  to  allow  any  influence  to  the  religious  antipathies  that  were 
awakened  in  the  course  of  the  controversy  between  the  monarch  and 
his  people,  sums  up  the  case  far  more  forcibly,  and  evidently  considers 
that  Charles  owed  his  ruin  to  his  zeal  in  maintaining  the  monopoly  of 
the  seas.  In  his  "Introduction  to  the  Political  State  of  Great  Britain," 
written  in  1756,  he  says :  "  The  Dutch,  grown  wealthy  and  strong, 
claimed  the  right  of  fishing  in  the  British  seas ;  this  claim  the  King, 
who  saw  the  increasing  power  of  the  States  of  Holland,  resolved  to 
contest.  But,  for  this  end  it  was  necessary  to  build  a  fleet,  and  a  fleet 
could  not  be  built  without  expense :  he  was  advised  to  levy  ship-money, 
which  gave  occasion  to  the  civil  war,  of  which  the  events  are  too  well 
known."  Thus  it  appears  that  the  exercise  of  the  prerogative  to  ex- 
clude his  subjects  from  the  fishing  gi'ounds  of  his  dominions  in  one  hem- 
isphere was  among  \h.e  first ;  and  that  the  imposition  of  taxes,  without 
authority  of  Parliament,  to  forcibly  exclude  a  foreign  people  from  those 
in  the  other,  was  among  the  last  of  the  oflfences  that  sealed  the  fate  of 
the  unhappy  Charles. 

We  return  to  the  English  fishery  at  Newfoundland.  The  first  inci- 
dent that  invites  our  attention  is  the  attempt  of  Sir  George  Calvert  to 
found  a  colony.  Whitbourne  says  that  he  undertook  "to  plant  a  large 
circuit,"  and  that  in  1621  he  had  already  sent  "a  great  number  of  men 
and  women,  with  all  necessary  provisions  for  them,"  who  were  build- 
ing houses,  clearing  land,  and  preparing  "to  make  salt  for  the  preserv- 
ing of  fish  another  yeare."  His  gi-ant  was  for  a  considerable  tract, 
embracing  the  coast  from  Cape  St.  Mary  to  the  Bay  of  Bulls.  He 
called  his  plantation  "  Avalon."  His  expenditures  were  very  large  for 
the  time,  amounting  to  nearly  one  hundred  and  twenty-five  thousand 
dollars.  Sir  George  resided  in  person  at  "Avalon"  for  some  time,  it 
is  said,  and  endeavored  to  succeed  where  others  had  failed.  But  the 
difficulties  he  encountered  were  numerous.  His  rights  became  im- 
paired by  the  determined  course  of  the  Commons  in  asserting  the  free- 
dom of  the  fisheries;  and  the  soil  and  climate  did  not  meet  his  ex- 
pectations. 

More  than  all,  the  French  menaced  the  destruction  of  his  property, 

*  It  was  said  by  the  merchants  of  England  in  1627,  that  "within  three  years  they  had  lost 
all  their  shipping ;  that  the  Jisherwcn  icerc  taken  almost  in  their  very  harbors,  and  that  they 
would  not  attempt  the  building  of  new  ships,  because,  as  soon  as  they  were  ready,  the  King 
[Charles  the  Fii'st]  seized  them  for  his  own  use,  against  the  will  of  the  owners,"  »&c. 


49 

and  roqnircd  the  mnnning  of  ships,  nt  liis  own  cxponso,  to  protect  his 
private  interests,  and  the  deieneeless  Eiii^h'sh  fishcniien  on  the  coast. 
KeliiK|iiishina:,  {innll}',  his  phintjition  at  Ne\vf()nii(ll;in(l,  he;  turned  liis 
thoughts  to  more  liospitahle  regions,  and,  as  Lord  J3;ihiinore,  became  the 
father  of  Maryland. 

Of  all  who  sought  our  shores  to  acquire  power  and  princely  estates, 
to  escape^  persecution,  or  to  give  a  home  and  shelter  to  the  wojiry  and 
striek<'n,  not  f)ne — whether  Puritan,  Episcopalian,  or  Quaker — was  ac- 
tuated by  a  spirit  more  liberal,  or  has  left  a  better  nanu>,  than  George 
Calvert, 'the  Catholie.* 

Remarking  that  Winthrop  records  in  his  journal  (1G47)  the  occurrence 
of  a  hurricane  at  Newfounrlland,  which  wrecked  mari}'^  ships  imd  boats, 
and  destroyed  (quantities  ol'fish,  we  come  to  the  time  of  Charles  the  Sec- 
ond. That  monarch,  after  the  restoration,  in  1660,  issued  a  long  proc- 
lamation for  the  strict  observance  of  Lent,  assigning,  as  one  reason  there- 
for, "the  good  it  produces  in  the  employment  of  fishermen."  Still  fur- 
ther to  encourage  this  branch  of  industry,  Parliament  passed  an  act  the 
same  3'ear  remitting  tlie  duty  on  salt  used  in  curing  fish,  and  exempting 
the  materials  rec[uired  in  the  fisheri(\s  from  customs  and  excise.  Three 
years  later,  the  Newfoundland  fishery  was  specially  protected  by  an 
entire  exemption  from  levies  and  duties;  and  the  home  and  colonial 
fisheries  were  at  the  same  time  assisted  by  duties  imposed  on  products 
of  the  sea,  imported  by  foreigners  or  aliens. 

Yet,  the  number  of  ships  employed  at  Newfoundland  declined  annu."- 
ally.     In  1670,  the  merchants  sent  out  barely  eighty.     The  dechnc' 
was  attributed  to  the  boat  fishery,  «UTied  on  by  the  mhabittmts  there.. 
Sir  Josiah  Child,t  the  leading  authority  of  the  da}'^  in  matters  of  tnide 
rmd  commerce,  sounded  the  note  of  alarm,  anticipating  that,  if  the  resi- 
dent fishermen  contined  to  increase,  they  would,  in  the  end,  canyon 
the  whole  fishery,    and  that  the  nursery  of  British  seamen  would'  be- 
destroyed.     The  only  remedy  he  proposed  was  the  annihilation  of  the- 
boat  fishery.     Never  was  a  more  unjust  expedient  conceived.     The 
lal>ors,  the  expenditures,  and  sacrifices,  of  a  large  number  of  eminent 
and  adventurous  men,  who  had  devot(;d  life  and  fu'tune  to  the- coloni- 
zation of  Newfoundland,  were  thus  to  be  counted  as  worthless,  and 
even  injurious  to  the  realm.     But  the  views  of  Child  were  adoj)t(xl  by 
the   Lords  of  Trade   luid  Plantations,!  who   determined  to  break  up 


*  Georffe  Calvert,  I?nroii  of  Biiltimoro,  niid  fdiindor  of  MniTland,  was  Ijoru  in.Enjiliiiid  in 
ir)H2.  Ill'  wiiH  upiiointod  one  of  tlic  |»riiici|i;il  sccri'tiirifs  of  mate  in  Kill);  aiul.wliilo  lioidiiii^ 
oflfifc  he  ftf(|iiirf(l  the  Koutlirasfcrii  [iriiiiisiila  of  Xrw  foiiiidl.ind,  which  lie  citcti'd  into  a  j)rov- 
ini'f  calli'd  A\alon.  In  Itl'Jl  he  lici-ainc  ,i  Catliolic  Afi'T  h\<  ahainhiMniciii  of  Noufonndland 
ill-  made  a  visit  to  Virginia,  but  the  colonists  disliked  liis  rcli;;ioii,  and  hi.'  ndimin'sdu'd  his  iat-n- 
tion  to  Hcttlf  aniont;  tln-in.  On  hJH  rctiini  to  l'ii;,dand,  (Miailcs  the  l''ir.st  j^avi^  liim  a  patent  of 
the  coiuitry  now  Maryland.  I^ord  Ilalliinore  died  in  Ijondon  in  UV-Vi,  hcfore  his  patent  liatt 
|)aHS(.'d  the  necessary  I'onn.s;  a'nl  a  new  one  was  issncd  to  his  son  <'eci],  who  sLiccecded  to  liis 
lionorK. 

t  .Sir  Josiah  Child  was  a  merchant.    It  is  said  that  he  aei|iiired  ^reat  wealth  in  tiie  "nianaijo- 
ineut"  of  file  I'jiHt  India  Company's  stork.     Wlieii  his  daMi;lifer  married  ilie  eldest  son  of  tho  ■ 
Duke  of  I'laufiirt,  he  (jave  her  a  portion  of  £•")'<, H'lH.     Sir  Josiah  had  lish-poiids  in  J^ppiiig 
forest,  "  iiiaiiv  niih'H  in  circuit." 

{  The  Hoard  of  Trade  and  J'lantations  was  of  no  service  to  tlu'  AniericHii  coloiii"s,  thou<rh 
created  for  tiie  special  jjurpose  of  atfendinc;  to  their  iiilerestn.  Mr.  I'nrke,  in  a  speech  in  tho 
House  of  Comnion«,  in   I7.":i(),  thus  Hpokoof  it:     "  Tliis  board  is  a  sort  of , tcniiKuate  bed  of 

4  a 


50 

and  depopulate  the  colony.  Sir  John  Berry  was  accordingly  sent  over, 
with  orders  to  drive  out  the  fishermen,  and  burn  their  dwellings.  The 
extent  of  his  devastations  under  this  more  than  barbarous  decree  may 
not  be  certainly  known ;  but  six  years  elapsed  before  the  mandate  of 
destruction  was  revoked,  and  its  abrogation  was  accompanied  with  in- 
structions to  allow  of  no  further  emigrations  fi'om  England  to  the 
doomed  island.  Complaints  were  made  that  emigration  continued, 
and  various  plans  were  suggested  to  discourage  and  prevent  it.  Mean- 
time, the  relations  between  the  resident  fishermen  and  the  masters  and 
crews  of  the  ships  sent  out  by  the  English  merchants  were  hostile  to 
an  extent  which,  at  the  present  day,  seems  almost  incredible.  Pre- 
vious to  the  edict  just  noticed,  the  former  had  petitioned  the  King  for  the 
establishment  of  some  form  of  government,  to  protect  them  against 
the  rapacity  of  their  own  countrymen — the  latter.  The  merchants  op- 
posed the  measure,  as  injurious  to  the  fisheries,  and  prevailed.  The 
petition  of  the  residents  was  renewed  from  time  to  time,  but  never 
with  success ;  and  they  continued  to  suffer  wrongs  and  cruelties  with- 
out redress. 

The  merchants  convinced  the  ministry,  or  the  Lords  of  Trade  and 
Plantations,  that  the  appointment  of  a  governor,  and  the  recognition  of 
the  full  rights  of  the  inhabitants  of  Newfoundland  as  British  subjects, 
would  produce  the  ruinous  results  anticipated  by  Child,  and,  strange 
as  it  may  appear,  no  Englishman  could  lawliilly  have  a  home  on  that 
island  for  a  long  period. 

The  edict  of  1670,  to  burn  and  destroy,  had  the  effect,  possibly,  to 
increase  the  number  of  ships,  since,  four  years  afterward,  two  hundred 
and  seventy,  employing,  on  board  and  on  shore,  ten  thousand  eight 
hundred  men,  were  engaged  in  the  fishery.  Yet  the  seas  were  not  safe. 
Some  of  the  fishing  vessels  mounted  from  ten  to  twenty  guns,  and 
carried  liom  sixty  to  one  hundred  men,  and  others  sailed  under  convoy, 
and  were  protected,  while  on  the  coast,  by  ships-of-war.  The  price 
of  fish,  to  support  this  state  of  things,  must  have  been  enormous. 

As  the  century  closes  we  notice  the  mention  of  a  report  of  the  Lords 
of  Trade  and  Plantations,  in  which  they  so  tar  modify  their  former 
order,  relative  to  emigration,  as  to  intimate  that,  inasmuch  as  a 
thousand  persons  might  be  useful  at  Newfoundland,  to  construct  boats 
and  fishing-stages,  that  number  would  be  suffered  to  five  there,  without 
fear,  we  may  conclude,  of  official  incendiaries  and  legal  robbers.  But 
the  gracious  privilege  thus  accorded  still  placed  the  resident  fishermen 
at  the  tender  mercies  of  the  merchants  and  the  masters  of  their  vessels  ; 
for,  by  an  act  of  Parliament  in  1698,  these  masters,  in  the  absence 
of  all  law,  were  authorized  to  administer  justice,  and  to  regulate  the 
general  concerns  of  the  fisheries  and  of  the  colony,  almost  at 
pleasure. 

nflucnce — ;a  sort  of  gently-ripening  hot-house — where  eight  members  of  Parliament  receive 
salaries  of  a  thousand  a  year,  for  a  certain  given  time,  in  order  to  mature,  at  a  proper  season, 
a  claim  to  t-wo  thousand,  granted  for  doing  less,  and  on  the  credit  of  having  toiled  so  long  in 
that  inferior  laborious  department.  I  have  known  that  board,  off  and  on,  for  a  great  ninuber 
of  years.  Both  of  its  pretended  objects  have  been  much  the  objects  of  my  study,  if  I  have  a 
right  to  call  any  pursuits  of  mine  by  so  respectable  a  n;ime.  I  can  assure  the  House — and  I 
hope  that  they  will  not  think  that  I  risk  my  little  credit  lightly — that,  without  meaning  to 
convey  the  least  reflection  upon  any  one  of  its  members,  past  or  present,  it  is  a  board  which 
if  not  miscMevaus,  is  of  uo  use  at  all." 


51 

Were  the  inmates  of  British  prisons  to  be  subjected  now  to  the 
treatment  received  by  the  inhiil)itnnts  nt  the  hands  oi'thc^se  masters,  the 
wholes  ci\ihzcd  world  would  join  in  a  shout  of  in(h_L!;nant  condemnation. 
The  first  master  who  ;irrivcd  at  any  particailar  hnrbor  w:is  its  admiral 
for  the  season  ;  the  second  was  its  vice-admiral,  and  the  thitd  its  rear- 
admiral.  Timsj  at  the  outset,  no  attention  whatever  w;ts  paid  to  the 
([ualilications — to  the  heads  or  the  hearts — of  these  strange  rulers.  Ac- 
cident— a  loni?  passage  or  a.  short  one,  a,  dull  or  a  quick-sailing  v(?ssel — 
di.^termined  everything.  The  triumph  of  the  English  merchants  over 
their  fellow-subjects,  in  this  lone  and  desolate  isle,  was  as  complete  as 
that  of  the  warrior  who  storms  a  city.  In  fine,  the  "admirals''  se- 
lected the  best  fishing  stations,  displaced  at  will  the  resident  fishermen 
who  occupied  them,  drove  the  inhal)itants  from  their  own  houses,  took 
husli-moncy  and  presents  of  fish  in  adjusting  cases  brought  before  them 
for  adjudication,  and,  in  their  general  course,  were  as  arbitrary  and  as 
corrupt  as  the  leaders  of  banditti.  There  were  exceptions,  it  may  be 
admitted;  but  the  accounts  are  uniform  that,  as  a  class,  the  "admirals" 
were  ])()th  knaves  and  tyrants.  Yet  the  law  which  authorized  these 
iniquities  bore  the  title  of  "An  act  to  encourage  the  trade  of  Newfound- 
land." 

In  1701  we  have  a  very  particular  and  detailed  return  of  the  con- 
dition of  the  fishery,  thus:  There  were  121  vessels,  manned  with 
2,727  men,  993  boats,  belonging  to  the  vessels  and  to  the  resident 
fishermen,  544  fishing-stages  on  the  shores,  and  3,581  men,  women,  and 
children  employed  as  curers ;  while  tlie  catch  was  216,320  (piiutals 
of  fish,  yielding  3,79S  hogsheads  of  oil.* 

In  1729  we  record  an  improvement  in  the  government  of  the  island, 
since  a  captain  of  a  ship-of-vvar  displaced  the  "admirals,"  and  we  find 
the  numb(H-  of  inhabitants  estimatc^d  at  about  6,000.  Referring  to  the 
accom[)anying  table  for  the  general  statistics  of  the  centur}^ ;  and  re- 
marking that  th{!  number  of  ships  was  doubled  in  the  six  years  suc- 
ceeding the  close  of  the  war  with  France,  which  immediately  preceded 
our  Revolution,  we  proceed  to  notice  such  events  as  our  limited  space 
will  fdlow: 

The  first  of  these  is  the  proclamation  of  the  King,  in  1763,  in  which 
it  is  stated  that,  "to  the  end  that  the  open  and  free  fisher}'  of  our  sub- 
jects may  be  extended  to  and  carried  on  upon  the  coast  of  Labrador 
and  the  adjacent  islands,  we  have  thought  fit,  with  the  advice  of  our 
privy  council,  to  put  all  that  coast,  from  the  river  St.  .John  to  Hud- 
son's straits,  together  with  the  islands  of  Antlcosti  and  Madalene,  and 
all  other  islands  lying  uj)on  the  said  coast,  under  the  care  and  inspec- 
tion ftf  our  governor  of  New{()undland,"  while  "the  islands  of  8t.  John, 
Ca[)e  Breton,  or  Isle  Royale,  with  the  lesser  islands  adjacent  thereto," 
were  annexed  to  "the  government  of  Nova  Scotia." 

The  general  affairs  of  Newlbundland  were  consitlered  at  about  the 
sam(!  time.  Though  no  plan  was  dcsiscd  Ibr  the  government  of  the 
colony,  such   as  was  due  by  England   to  herself  and  to  hnmanity,    the 


*  In  1727  an  act  of  Parliament  was  pasRinl  which  authorized  the  iinportntion  of  salf  into 
Ptnnsylvaiiia,  in  Hritish  sliips,  (niivifjatcd  acconliiij,'  to  tho  uavijjiition  nets  «if  the  realm.)  and 
for  till'  diriiig  of  fish,  on  the  sjimc  couditiuus  iw  wore  allowed  in  New  Eiijjlaud  and  Ncw- 


fuundlaiid 


52 

resolution  was  still  adopted  to  discontinue  all  further  attempts  to  check 
the  resident  fishermen.  The  task  had  become,  indeed,  hopeless.  The 
tonnage  of  the  merchants'  ships  had  fallen  to  less  than  eighteen  thou- 
sand, and  their  catch  to  one  hundred  and  thirty-six  thousand  quintals. 
The  produce  of  the  boat  fishery,  on  the  other  hand,  had  risen  to  three 
hundred  and  ten  thousand  quintals.  The  boat-fishers,  or  inhabitants, 
had,  therefore,  overcome  every  obstacle,  and  were  in  the  ascendency. 

I  reserve  a  full  answer  to  the  many  complaints  against  our  country- 
men who  fish  in  the  seas  of  British  America,  for  another  part  of  this 
report ;  that,  however,  which  is  made  by  the  people  of  Newfoundland, 
may  be  disposed  of  here. 

The  charge  is,  that  the  British  flag  is  no  longer  seen  upon  "the 
banks,"  and  that  the  privileges  enjoyed  by  the  French  and  Americans, 
by  treaty  and  otherwise,  have  caused  the  withdrawal  of  the  English  and 
colonial  merchants  from  that  branch  of  the  fishery.  This  chaige  is  to 
be  found,  in  substance,  in  an  oflensive  form,  in  newspapers,  in  official 
documents,  and  remonstrances  to  the  home  government.  I  submit,  in 
all  kindness,  that  it  is  not  so.  The  truth  is,  that  the  resident  fishermen — 
as  t^ir  Josiah  Child,  a  hundred  and  eighty  years  ago,  anticipated  they 
would  do — have  supplanted  the  merchants  of  England,  with  whom  they 
so  long  contended ;  that  the  boat  fishery  has  taken  the  place  of  the  vessel 
fishery,  in  the  common  course  of  things.  To  catch  fish  by  long,  expen- 
sive, and  perilous  voyages,  when  they  can  be  taken  at  the  fishermen's 
own  doors,  where  catchers  and  curers  can  sleep  in  their  own  beds,  taste 
the  sweets  of  a  shore  life,  and  enjoy  the  comforts  of  home,  is  to  dispense 
with  the  steam-spinxlle  and  go  back  to  the  distaff.  There  is  no  truth 
in  the  complaint.  The  annual  catch  at  Newfoundland,  in  whole  num- 
bers, is  one  million  of  quintals,  and,  on  a  mean  of  years,  equal  to  that  of 
any  former  period.  This  fact  is  conclusive.  That  the  x\mericans  dis- 
turb the  industry  of  the  colonists,  is  not  possible.  The  restoration  of 
the  by-gone  vessel  fishery  can  be  accomphshed,  not  by  driving  these 
"foreigners"  from  "the  banks,"  but  by  a  new  edict  to  hum  and  destroy  the 
dwellings  of  British  subjects.* 

*  Lord  DundonalcT  expressed  liis  Tiews  with  regard  to  the  British  fishery  at  Newfoundland 
in  a  conuiiunication  published  in  the  London  Times,  August,  1852,  in  the  followiug  terms.  It 
will  be  seen  that  he  attributes  the  suspension  of  the  vessel  fishery  to  the  bounty  system  of 
France  and  the  United  States ;  and  that  he  considers  the  employment  of  a  naval  force  to  pre- 
vent "  aggressions,"  a  mistaken  policy. 

To  the  Editor  of  the  Times. 

Siii :  The  leading  article  of  the  Times  of  the  3d  inst.,  on  the  subject  of  the  British  North 
American  fisheries,  involves  a  maritime  question  of  such  vital  importance  to  the  permanence 
of  our  naval  power,  that  I  hope  you  will  devote  the  corner  of  a  column  of  your  paper  (perused 
and  pondered  over  by  civilians  and  statesmen)  to  convey,  in  as  few  words  as  posaible,  the  real 
cause  of  the  progressive  decay,  and  now  total  abandonment,  of  that  once  important  uurseiy 
for  seamen,  with  which  the  duties  of  my  late  naval  command  required  that  I  should  make 
myself  intimately  acquainted. 

TIk-  result  of  authentic  infi)rmation  derived  from  official  documents,  most  of  which  were 
obligingly  furnished  by  the  zealous  and  iudefatigable  governor  then  presiding  in  Ne\rfoimdland, 
(Sir  G.  LeMerchant,)  proved  that  the  British  "  bank"  or  deep-sea  fishery  formerly  employed 
400  sail  of  square-rigged  vessels  and  12,000  seamen,  and  that  now  not  one  of  tliese  fi)llow 
their  vocation  in  consequence  of  the  niinous  efiect  of  bounties  awarded  by  the  French  and 
North  American  governments.  The  former  pay  their  fishery  lOf.  for  every  quintal  of  fish 
debarked  in  the  port  of  France,  and  5f  additional  on  their  exportation  in  French  vessels  to 
toreign  States,  once  exclusivoly  supplied  by  I'lngland — a  transfer  which  cannot  be  viewed 
eimply  as  a  mercantile  transaction,  seeing  that  the  substitution  of  a  greater  number  of  foreign 


53 

In  1771,  thn  nnmhor  of  souls  nt  Newfonindlnrifl  was  3,449  Englisn, 
and  3,34S  Irish.  la  177-5,  merchants  "at  lioinc"  wero  oncourn^ed  to 
continue  their  adventures,  by  an  act  of  Parliament,  which  allowed  a 
bountv  of  £40  to  the  first  twenty-five  ships,  £20  to  the  next  hundred, 
and  £10  to  the  .*ecoiid  hundred,  that  should  mnke  fares  of  fish  before 
the  niiddl*^  of  July,  ;md  proct>ed  to  "the  banks"  for  a  second- liidiniy. 

Loi'd  North's  bill  to  prohibit  the  people  of  New  England  li-om  fishing 
at  Newfoundland,  which  was  passed  in  the  year  last  named,  will  be 
noticed  particularl}''  elsewhere. 

During  the  discussion  pending  these  measures — ^the  one  to  "encour- 
age," the  other  to  "starve"  sul)jects  of  the  realm — Martineaux  Shuld- 
ham,  who  hnd  been  governor  of  Newfoundland  three  years,  was  exam- 
ined at  the  bar  of  the  Commons.  The  material  part  of  his  testimony 
may  be  thus  stated:  that  the  catch  of  fish  in  1774  was  739,877  quin- 
tals, and  that  23,652  men  were  employed  in  the  fishery,  all  of  whom 
became  sailors. 

With  regnrd  to  the  fishermen  of  New  England,  he  said  that  few  of 
them  ever  entered  the  British  n.ivy;  that  he  had  heard  gi^eat  complaints 
of  the  outrages  they  committed  on  the  coast;  that  they  carried  on  an 
illicit  trade  with  the  French,  meeiing  them  on  the  sea  and  selling  them 
not  onlv  provisions  and  lumber,  but  vessels  also;  and  that,  in  the  French 
war,  few  of  them  had  served  in  his  Mtijesty's  shi])s-of-war. 

At  the  peace  of  17S3,  the  English  Newfoundland  fishery — interrupted 
by  hostilities — was  rc^sumed  with  spirit,  and  prosecuted  with  success; 
and  three  years  after,  the  bounty  act  of  1775  was  renewed  for  a  speci- 
fied term.  The  condition  of  the  colonists  remained,  however,  without 
material  change.     I  find  it  stated  that  a  gentleman  formerly  connected 

transatlantic  fishintj  vessels,  having  move  nnmorous  crows,  constitutes  a  statistical  difference 
amoniitint,'  to  2(i,(H)()  sailors  tisaiiist  Kimlaiid,  without  iiicludiiij,'  the  United  States — a  fact  that 
oujfht  nor.  and,  beiii;^  knf)\vn,  ciuiiiot  tn'  looked  on  with  indiflerence. 

Transatlantic  steam-packets  receive  nationiil  snpjjort,  amounting  to  hundreds  of  thousands 
of  ])ounds  a  year,  withoTit  complaint  being  made  even  by  the  most  zealous  free-trade  advocate, 
because  such  vessels  may  j)rove  useful  in  war.  How,  then,  can  tiie  policy  of  granting  a  pre- 
mium, thus  forc<'d  upon  us,  in  order  to  presei-ve  our  imrsery  f(»r  seamen,  be  considered  other- 
wise than  the  cheapest  means  of  manning  our  ships-ol-war?  Such  premium,  for  the  de(;p-8ea 
fishery  vessels  resorting  to  Europe,  ought  to  be  accomj)anied  by  iumiuniiy  to  <iur  in-shoro 
colonial  fi-ilu-rmcn  from  the  tax  on  foot,  (from  which  the  parent  State  is  ha[ipily  free.)  and  by 
a  reb-a'-e  from  otlier  imposts,  from  which  the  French  fisherman,  under  naval  authority,  m 
wkidly  exempt. 

IJrevity  lieiug  essential  to  admittance  into  your  c<dumns,  reference  nniy  be  made  for  im- 
portant derails  to  "Morris's  Fishery  of  Newfoundhmd,"  containing  [)etitions  and  remonstrance 
of  inhatiitant.s,  which  assuredly  have  never  been  read  by  our  cobmial  adminisfraiion,  though 
pressiugly  urged  for  consicb-ration. 

Vessels-of-war  are  obviously  not  re<piired  for  the  protection  of  the  deep-sea  fishery  which 
has  ceiiscfl  to  exi.st, ;  nor  are  they  necessary  for  the  security  o(  the  un<listurbed  c(donial  ])uut8 
which  fish  ill-shore.  The  stationing  more  vi-ssels-of-war  to  giiiird  the  fishery  is  ther<'fi)re  a 
mistake,  oriciiiating  in  a  want  of  knowledge  of  facts.  l''isli  caught  by  the  Mrilish  subjects 
♦•aiinot  be  suld  witli  pinflf  eitiier  ill  coiuineiital  Europe  or  in  the  I'nit^'d  States.  In  l-)4'.i,  ihtj 
duty  paid  on  Miiti^h  fi^li  in  the  ports  of  the  I'nited  SUites  waa  $163,000,  wWle  the  premium 
awarded  to  their  own  fishermen  was  .'j;21l{,i:{'2. 

Those  who  desire  further  insight  into  the  circumstances  of  our  western  cidonies,  espe<iaHy 
as  regards  the  fisheries  of  Xewfonndl.ind,  may  consult  a  painpblet  published  by  Ividgway,  cou- 
tainiug  a  statistical  map,  which  ought  to  br  iironglit  to  the  knowledge  of  those  who  posaosa 
the  power  to  avert  inipending  national  inischirfs. 

I  am,  sir,  your  often  otdiged  and  obcdimt  senant, 

DUNDONALD. 

Lctno.s,  August  I. 


54 

with  Lord  North's  administration  said,  in  the  course  of  his  testimony 
before  a  committee  of  the  Commons,  that  '■'■the  island  of  Ncuf midland 
had  been  considered,  in  all  former  times,  as  a  great  English  ship,  moored 
near  the  Banlcs  during  the  fishing  season,  for  the  convfmience  of  Ejiglish 
fishermen  f  that  "?'/te  governor  ivas  considered  the  ship^s  captain,  and  all 
those  concerned  in  the  fishing  business  as  his  creio,  and  subject  to  naial  dis- 
cipliney 

This  quaint  witness  spoke  in  1793.  The  same  year,  another  func- 
tionary, in  his  testimony  before  the  same  committee,  declared  that  he 
would  'Utlloiv  no  uwnan  to  land  on  the  island,  and  that  means  sho7ild  be 
adopted  to  remove  those"  ah-eady  there.  Thus  do  we  conclude  the  eigh- 
teenth century;  barely  adding,  that  the  influence  of  the  merchants  was 
yet  sufficient  to  prevent  grants  of  lands,  and  that  the  colonists  raised 
a  few  garden  vegetables  for  consumption  only  by  violations  of  State 
papers  and  the  statute-book. 

For  the  twenty  years  preceding  1815,  the  fishery  was  prosperous 
beyond  example.  The  profits  to  merchants  engaged  in  it  were  some- 
times fifty,  sixty,  eighty,  and  even  one  hundred  thousand  dollars  in  a 
single  season.  Pei'sonswho  commenced  the  business  entirely  destitute 
of  capital,  shared  in  these  enormous  gains,  and  accumulated  large  for- 
tunes in  a  short  period.  It  would  seem,  however,  that,  as  previously, 
the  advantages  to  the  permanent  residents  were  inconsiderable,  since 
the  fishery  was  in  the  hands  of  English  merchants,  whose  adven- 
tures were  conducted  by  agents,  and  of  those  who,  on  amassing  wealth, 
immediately  departed  li-om  the  island.  A  sudden  and  disastrous  re- 
verse occurred. 

The  quantity  of  fish  exported  in  1814  was  about  one  million  tico 
hundred  thousand  quintals,  of  the  value  of  more  than  tivdve  miUiojis  of  dol- 
lars. The  quantity  shipped  in  1815  was  hardly  less ;  but  the  peace 
produced  a  ruinous  change  in  price.  The  decline  from  eight  and  nine 
dollars  the  quintal,  to  five,  four,  and  even  to  less  than  three  dollars, 
was  rapid.  Almost  universal  bankruptc}'^  followed ;  for  two  or  three 
years  entire  suspension  of  the  fishery  was  the  result  apprehended. 
For  awhile,  the  few  merchants  who  escaped  insolvency,  utterly  hope- 
less in  the  general  dismay,  were  bent  upon  closing  their  affairs.  The 
common  fishermen,  in  the  years  of  prosperity,  had  intrusted  their  sa- 
vings to  their  employers,  and  the  distress  of  this  class  would  have  been 
diminished  could  these  have  been  recovered;  but,  losers  by  the  failure 
of  the  merchants  to  an  amount  exceeding  one  million  of  dollars,  and 
destitute  alike  of  money  and  of  employment,  their  condition  was  ex- 
tremely sad,  and  excited  deep  sympath}'.  Thousands  of  persons  de- 
pended solely  upon  the  hook  and  line  for  subsistence,  and  emigration 
or  starvation  were  considered  the  only  alternatives. 

The  colonists,  who  rely  upon  the  products  of  the  sea  for  support, 
charge  the  most  of  their  misfortunes  to  their  French  and  American 
competitors.  They  did  so  in  the  case  before  us.  Their  complaints 
were  groundless,  and  may  be  dismissed  in  perfect  good  nature.  The 
people  who  distress  them  so  continually,  and  whose  appearance  on 
their  fishing  grounds  spreads  so  general  consternation,  were  fellow- 
sufferers  from  the  ruinous  decline  of  prices  of  commodities  at  the  gen- 
eral pacification  of  Europe,  and  were  involved  in  similar  banlvruptcies. 


55 

Besides,  at  the  period  of  commercial  disasters  at  Newfoundland,  the 
French  and  Americans  had  not  recovered  from  the  effects  of  war,  and 
had  not,  to  a  very  alarming  extent,  resumed  their  adventures  upon  the 
coasts  or  "tlie  banks"  of  that  island. 

The  competition  between  the  colonists  and  the  people  just  men- 
tioned increased  ;  but  the  English  fishciry  gradually  revived.  The  an- 
nual catch  is  now  nearly  a  milUon  of  (juintals.  There  have  been  sea- 
sons of  fluctuations  since  the  5'cars  referred  to:  depression  is  an  inci- 
dent in  every  human  employment.  Maritime  pursuits  are  more  uncer- 
tain than  those  of  the  soil  or  those  of  the  work-shop.  Of  the  fisheries, 
particularly,  it  is  entirely  true  to  say  that  they  never  have  afforded,  and 
never  will  afford,  constant  and  continuous  rewards  ;  for,  aside  from  the 
losses  conse(]uent  upon  overstocked  and  glutted  markets,  the  most  un- 
wearied industry  and  the  highest  degree  of  skill  are  often  insufficient 
to  insure  g(V)d  fares.  Our  colonial  neighbors  should  take  these  matters 
into  the  account,  and  while  lamenting  their  calamities,  remember  that 
the  American  fishermen,  whose  condition  they  consider  so  much  pref- 
erable to  their  own,  are  subject  to  the  same  reverses,  and  would  gladly 
surrender  many  of  the  privileges  they  are  supposed  to  enjo}^  for  the 
liberty  of  living  near  to,  and  of  fre(^ly  using,  the  inner  or  shore  fishing- 
grounds,  of  wliich  they  ar(!  now  deprived,  and  which  are  reserved  ex- 
clusivel}^  for  British  subjects. 

As  a  branch  of  industry,  we  need  pursue  our  inquiries  relative  to  the 
Newfoundland  cod-fishery  no  further.  The  table  of  statistics,  compiled 
from  the  best  sources  of  information  open  to  me,  and  which  I  think  is 
substantially  accurate,  may  be  referred  to  as  affording  a  general  view 
of  the  subject  for  the  last  thirt\^  years.  The  exports  are  to  Portugal, 
Italy,  Spain,  Brazil,  the  British  West  Indies,  the  British  continental 
possessions  in  America,  to  Great  Britain,  Ireland,  and  Scotland.  In 
some  of  these  markets  the  merchants  of  Newfoundland  have  no  com- 
petitors. As  much  as  they  complain  of  us  and  of  our  policy,  our  ports 
axe  o[)en  to  the  importation  of  their  staple  commodity,  on  terms  which 
are  producing  alarming  changes  in  the  propert}'  and  prospects  of  those 
of  our  countrymen  whose  position  on  the  coast  of  New  England,  and 
whose  habits  and  general  circumstances,  leave  them  no  choice  of  em- 
ployments. 

Nc\vfi)un(lland  is  connected  with  some  of  the  most  interesting  events 
to  be  f()nnd  in  our  annals.  Cabot  saw  it  befirore  Columbus  set  f()ot  on 
the  American  continent.  There  came  the  first  men  of  the  Saxon  race, 
under  the  first  iMiglish  chart(!r,  to  found  an  English  colony.  Visiters 
to,  or  residents  upon  its  shores,  wen;  fh(^  noble  (filbert,  and  Iiaicigh, 
the  f ither  of  colonization  in  this  hemisphere;  Mason  and  Calvert,  the 
f()un(lers  of  two  of  the  (Jnitcd  St.at<'s.  Among  those  who  lent  aid  and 
countenance  to  the  enterprises  to  people  if,  in  earl\  lime,  were  persons 
of  rank  and  wealth — and  Jiaeon,  of  world-wide  fiiin(>.  Jn  its  waters 
were  I  lie  first  trials  by  jury  in  America.  'I'he  fi-eedom  of"  its  fisheries 
was  assert(!d  by  Coke,  and  other  eliamj)ioiis  of  English  libertv,  in  tones 
to  rous(;  the  popular  mind,  rnid  to  put  an  end  to  cliarteri'd   ni()ii()])()Iists. 

In  some  n-spocts  New  foiiiKJIand  is  "a  great  Eiigli.^li  ship  iiioni-cd 
near  the  Banks,"  even  in  the  second  half  of  the  nintMeenlli  ceiitiuy. 
Twenty  years  have  not  elapsed  since  the  system,  wliich  was  hardly  a 


56 

modification  of  that  devised  by  heathen  Carthage  and  Rome,  for  the 
government  of  distant  colonies,  was  abohshed,  or  since  captains  in  the 
royal  navy,  who  came  to  the  island  in  the  spring  and  returned  to  Eng- 
land at  the  close  of  the  fishing  season,  ceased  to  rule  and  to  consider 
the  inhabitants  as  "  subject  to  naval  discipline;"  and  persons  are  now 
ahve  who  were  the  victims  of  the  merchants  "  at  home,"  who,  armed 
with  ordinances  and  instructions  of  the  Lords  of  Trade  and  Plantations, 
insisted  upon  the  entire  control  of  the  business,  and  of  the  domestic  ar- 
rangements of  the  residents. 

For  the  first  time,  in  a  history  of  more  than  three  hundred  years,  a 
legislative  body,  similar  to  those  of  other  British  colonies,  assembled 
in  Newfoundland  in  1833.  The  only  material  changes  of  previous  dates 
were  those  wliich  related  to  the  administration  of  justice,  and  which 
allowed  tlie  people  the  forms  and  principles  of  jurisprudence,  in  place 
of  the  decrees  and  the  decisions  of  the  knavish  and  despotic  "admi- 
rals" in  command  of  fishing  vessels,  and  the  quarter-deck  mandates  of 
their  successors. 

A  few  miles  back  from  the  coast,  Newfoundland  is  almost  an  un- 
broken wilderness.     The  inhabitants,  as  a  body,  are  as  ignorant  of  the 
interior  of  the  island  as  are  others.    To  them,  and  to  all  the  world,  the 
colony  is  known  for  its  fisheries,  and  for  these  alone.     To  enumerate 
St.  John,  Ferr3dand,  Fugo,  and  Burin,  and  the  settlements  on  the  bays 
of  Concepcion,  Trinity,  Bonavista,  Fortune,  Bull's,  Placentia,  and  St. 
Mary's,  is  to  recall  almost  every  place  of  note.     There  was  no  free 
port  until  1828,  and  no  bank  until   eight  years  later.     From  the  dis- 
covery of  Cabot  to  the  arrival  of  a  bishop  of  the  church,  was  three 
hundred  and  forty-three  years.     The  population  in  1806 — about  two 
and  a  quarter  centuries  after  the  attempt  of  colonization  by  Gilbert — 
was  less  than  twenty-six  thousand.     It  was  less  than  seventy- four  thou- 
sand in  1836 ;  and  but  ninety-six  thousand  six  hundred  and  six  in  1845. 
It  remains  to  speak  of  the  fishing  grounds;  of  the  manner  of  catching 
and  curing,  and  of  the  iiabits  of  the  persons  who  are  employed  in  the 
fishery.     As  the  vessel  or  "bank"  fishery  has  been  abandoned  by  the 
English,  an  account  of  it  is  reserved  for  the  third  part  of  this  report. 
The  boats  used  for  the  shore  fishery  require  from  two  to  four  men  each. 
The  number  of  boats  in  1838,  was  6,159;  and  in  1845,  9,989.     The 
fishing  is  performed  within  the  harbors,  and  early  in  the  season,  near 
the  land.     The  men  stand  while  at  their  toil,  and  each  is  able  to  tend 
more  than  one  line.     At  times  the  fish  fasten  to  the  hooks  so  rapidly, 
that  the  fishermen  display  great  activity.     A  boat  is  often  filled  in  two 
or  three  hours.     On  the  shores  are  "stages,"'  or  buildings  erected  on 
posts,  and  projecting  into  the  sea,  to  allow  boats  to  come  to  them  as  to 
wharves  or  piers.     The  fish  are  carried  to  these  "stages,"  where,  in 
the  hands  of  the  "cut-throat,"  the  "header,"  the  "spHtter,"  and  the 
"Salter,"  as  four  classes  of  the  "shoresmen"  are  called,  they  are  pre- 
pared for  the  "dryer."     When  sufficiently  salted,  they  are  washed,  and 
transported  on  "hand-barrows"  to  tlie  "flakes,"  where  they  are  spreatl 
and  dried.     Once  cured,  they  are  piled  in  warehouses  to  await  sale  or 
orders  for  shipment.     The  " Salter"  and  the  "dryer"  should  be  careful 
and  expert  men ;  the  one  to  distribute  the  salt  with  a  skilful  hand — the 
other,  that  damps  and  rains  do  not  injure  the  fish  while  exposed  in  the 


57 


air.  Three  qualities  nrc  usuall}'  sorted  Hk  exportation,  and  a  fourth, 
consisting  principally  of  broken  and  discolored  fish,  is  retained  for  con- 
sumption. Women  and  children  are  sometimes  employed  in  the  boats, 
and  very  frecpiently  assist  the  curers  on  shore.  During  the  fishing 
season  there  are  no  idlers  of  either  sex. 

The  labors  of  the  fishermen  and  shoresmen  are  almost  incessant. 
The  time  devoted  to  sleep,  under  circumstances  that  ofn  n  occur,  is 
insufficient  for  the  demands  of  nature;  while  long  absliuiucc  from 
food  is  not  uncommon. 

The  fishermen  formerly  lived  in  the  rudest  of  structures;  but  they 
now  occupy  comtbrtable  dwellings.  Their  food  is  coarse,  and  their 
manners  rough.  Intoxicating  drinks  were  once  as  common  among 
them  as  tea  or  water.  Of  late  years  there  has  been  a  sensible  change 
for  the  better;  and  a  large  class  are  moral  and  temperate.  Their  habits 
of  life  are  Irregular,  from  the  necessities  of  their  position;  but  in  hos- 
pitalitv  and  acts  of  kindness  they  are  not  excelled  by  men  of  the 
higher  walks  of  societ}'.  They  are  to  be  judged  in  mercy,  for  their 
opportunities  to  improve  are  few,  and  their  temptations  to  err  are  many. 


English  cod-fishery — Nmfo  u  ndla  n  d. 


Year. 

No.   of 

vessels. 

Tonnage. 

Number  of 
men. 

Number  of    Quintals  of 
boats.       fish  exported. 

Value. 

1577 

50 
200 
2.50 
400 
1.50 

80 
270 
121 
161 

1603 

10,  000 

1 

1615 

1622 

!        

1626 

15, 000 

5,  000 

1 

1670 

1 

1674 

10,  800 
2,  727 
2, 119 

1701 

7,!)!n 
9, 193 

1716 

106,952 
111,000 

1724 

17:32 

210, 000 

1750 ,      283 

33,512 
17, 268 

4, 103 
2,531 

1763 j       177 

493, 654 

1761) 

354 
368 

1770 

i 

1771 

36!) 
306 
2.54 
2!)2 
2^0 
306 
3-^1) 
304 
2.5!> 
245 
27t; 

i 

1772 

1774 

23,  6.52 

75!),S77 
591,276 

17H5 

178(; 

17^!7 

17HH 

17rt!( 

]7!tO 

31,644 
34,166 

684,421 

17!tl 

17;t2 

17!H 

15,  8:{8 
33,5(»3 

1 ,  26- 
2,410 

17'.K» 

[       3:{6 

4.53,  337 
3-'2,  (too 
.^.26,  3H() 
1,21)11,  000 
1,  t-<i»,661 
899, 729 

18/10 

1805 

1H14 

112,000,000 

mr, 

I'tiU 

1 

1 

-.---.    jc-- 

68 


English  codjisheyy ,  Nevfoundland — Continued. 


Year. 

No.   of 
vessels. 

Tonnage. 

Number  of 
men. 

Number  of 
boats. 

Quintals  of 
fish  exported. 

Value. 

TR25 

973, 464 
760, 177 
619, 177 
683,  536 
674, 988 
712, 588 
724,  515 
915, 795 

1,  009, 725 

1,007,980 
936, 202 
852,162 

1,  000,  333 
837, 973 
920,  366 

1, 175, 167 

1830 

1832 

1833 

1834 

1835 

1838               

6,159 

$2, 420,  000 

1840                    .  . 

2,  880,  060 

1841               

3,  025, 000 

1842               

2, 805,  000 

1843 

2, 660,  000 

1844               

2,  410,  000 

1845 

2, 980, 000 

1847 

2,  450,  000 

1848               

2, 455, 000 

1849 

9,989 

2, 940,  000 

English  hejTing  fishery,  Newfoundland. 


Year. 


BaiTels  pickled 
exported. 


Value. 


1838 
1839 
1840 
1841 
1842 
1843 
1844 
1845 
1847 


15, 276 
20,  806 
14, 686 

9,965 
13, 839 

9,649 
13,410 
20, 903 

9,907 


$53, 615 
69, 200 
45,180 
31,805 
35, 595 
22,850 
33,325 
56, 170 
25,555 


THE    NEWFOUNDLAND    SEAL    FISHERY,  SO  CALLED. 


This  business  is  of  recent  origin.  The  first  account  of  it  is  in  1795, 
but  it  was  not  prosecuted  to  any  extent  until  the  general  peace,  in  1814. 

Seals  frequent  the  coasts  of  Newfoundland  in  the  spring.  They  go 
upon  the  ice  in  the  polar  seas  to  bring  forth  their  young,  and  are  swept 
along  by  the  currents  to  milder  regions,  where,  still  upon  the  ice,  hun- 
dreds of  thousands  of  them  are  annually  killed.  During  the  passage 
from  the  remote  north,  they  apparently  live  without  much  food,  but  yet 
are  quite  fat  when  seen  by  those  who  adventure  in  pursuit  of  them. 

The  vessels  engaged  in  catching  seals  are  from  fiti:y  to  two  hundred 
tons,  and  cnrryfrom  fifteen  to  forty  men  each.  They  leave  Newfitund- 
land  in  March,  and  proceed  to  sea  until  they  meet  the  ice,  and  on  falling 
in  with  it,  are  forced  into  it  as  far  as  possible,  by  implements  which  are 


59 

arranfrcd  for  tlie  pnrpo50.  Fast  imbedded  in  the  vast  and  seemingly 
limitless  fields  of  iee,  the  crews  disperse  in  every  direetion  in  search  of 
seals,  \vhich  are  very  inactive,  and  are  generally  easily  caught.  Tliey 
are  kilh^d  with  fire-arms  and  with  chjbs,  and  oiten  ^vhile  asleep.  Oc- 
casionally the  large  ones  resist.  The  moans  of  the  younij  durino:  tlie 
slaughter  are  piteous. 

The  flesh  of  seals  is  unfit  for  food,  and  they  are  only  v;duablo  for 
their  fit  and  skins.  The  common  method  is,  to  strip  off  the  skins  and 
lat  together,  and  to  carry  these  })arts  to  the  vessels,  leaving  the  remainder 
upon  the  ice ;  but  wdien  the  weather  or  other  circumstances  will  not 
permit  this,  the  carcass  is  transported  whole,  and  the  valuable  parts  are 
stripped  off  subsequently.  Seal-catching  closes  towards  the  end  of 
April.  The  most  fortunate  vessels  make  two  voyages  in  a  season. 
After  the  arrival  of  the  vessels  in  port,  the  fat  is  separated  from  the 
skins,  cut  into  pieces  and  put  into  vats,  where,  by  the  warmth  of  the 
sun,  the  oil  oozes  out.  The  skins  are  spread  and  salted  in  piles,  and 
when  properly  cured,  are  packed  in  bundles  of  convenient  size. 

In  the  whole  cii'cle  of  human  employments,  few  or  none  are  more  ex- 
citing and  perilous  than  the  catching  of  seals.  A  storm  of  sleet  and 
snow  in  the  night  is  terrible,  and  the  stoutest  hearts  quail.  While  the 
vessels  are  absent,  the  greatest  anxiety  prevails  in  the  ports  of  departure, 
and  the  most  distressing  rumors  prevail:  at  times,  a  full  month  elapses 
before  the  arrival  of  a  single  vessel,  and  every  imaginable  cause  is  as- 
signed by  alarmed  famihes  and  friends  for  the  delay  of  tidings  hom  the 
sealing-ground.  Northeast  gales  drive  the  ice  towards  the  shore,  and 
frequf'ntl}-  produce  fearful  disasters  to  both  life  and  property.  In  1S43 
the  loss  of  vessels  was  very  considerable,  and  several  entire  crews  per- 
ished.*    Some  vessels  were  wrecked  in  1849. 

The  year  1S27  was  uncommonly  prosperous.      Forty-one  vessels 

*  A  similar  disaster  occurredi  n  the  spring  of  1852.  The  first  account  of  it  wa'S  as  follows  : 
"The  stfiimer  Osprey,  from  St.  John,  Newfoiuullaml,  April  2'M,  has  uitivihI  at  Halifax, 
with  accounts  of  the  wreck  of  between  fifty  and  sixty  vessels  in  the  ice,  in  the  ijale  of  April 
20th.  The  Xewfimndland  papers  state  that  the  htss  of  life  has  been  considerable,  but  how 
great  is  not  known.  A  list  of  ei(,'hteeu  vessels  lo.st,  with  full  cargoes  of  skiu.s,  is  given,  one  ctf 
which  had  five  of  her  crew  drowned,  and  another  two.  In  many  cases,  as  the  vessels  drifted 
toward.s  hi'  ice.  the  crews  deserted  them  and  escaped  to  the  shore.  In  some  cases  the  aban- 
doned vessels  have  been  taken  into  port. 

"  Hundn-ds  of  the  crews  of  the  wrecked  vessels  are  said  to  be  on  Richard  Island,  Bonavista 
bay,  in  a  state  of  destitutiim  and  staiTation.  The  Assembly  of  Newfoundland  lias  renueste^l 
the  governor  to  appropriate  £'.W)  for  their  relief,  and  four  or  five  vessels  would  sail  to  them 
as  soon  as  the  wiml  would  pennit.  A  vessel  had  arrived  at  St.  .Tohn,  which  re])orted  that 
ui)wardM  of  one  thousand  shipwrecked  sealers  had  reached  Greenford,  but  the  number  is  prob- 
ably exaggerated. 

"The  disaster  is  said  to  be  nearly  equal  to  that  at  Prince  Edward  Island  last  year." 

A  Newfoundland  paper  of  later  date  says:  "  Siiu ur  last  several  sealius  have  arrived,  and, 

for  the  most  part,  with  good  trips.  On  Saturday  arrived  tin;  Cocpietie,  Captain  .Joseph  IIou- 
lahan,  wlio  was  sent  round  by  the  governnu-nt  to  the  relief  of  the  siiipwri'cked  men  ;it  («reen»- 
pond.  We  leani  that  Captain  Iloulaliau's  mission  was  (piite  a  |)rovideutial  one,  tlu*  poor  cast- 
away fi'llows  being  in  <'.\treme  destitution  when  he  arrived.  It  is  theretbre  consoling  to  reflect 
that,  in  all  probability,  many  a  life  has  been  saved  by  this  measm-e  of  the  government.  Capt. 
Ilotdahan  landed  a  hundred  men  at  Cataliiia,  and  brought  about  two  hundred  and  lifly  on  here. 
AV»!  understand  that  the  Harbinger,  which  was  also  sent  roimd  to  (Jreeuspond  with  tin'  Co- 
quette, hail  proeeeded  in  her  search  further  to  the  northward.  All  re|)orts  agree  that,  but  for 
the  heavy  Wi'ather,  whieii  has  caused  suidi  desi  niiiioii  among  the  ressels,  this  s|)ring's  catch 
of  seals  would  be  one  of  the  largest  ever  known.  Eveu  as  it  is,  we  understand  the  average 
catch  at  this  time  is  equal  to  that  of  last  year." 


60 

laden  with  seals  arrived  at  St.  John  in  a  single  week.  They  caught 
69,814  of  the  objects  of  their  search.  One  of  these  vessels  took  up- 
wards of  3,000  in  six  da^^s,  and  another,  still  more  successful,  about 
3,500  in  the  same  time.  The  intense  excitement  which  attended  the 
slaughter  of  so  large  numbers,  in  so  short  a  space,  can  Ijc  readily  ima- 
gined. 

Reference  to  the  table  of  statistics  will  afford  information  as  to  the 
general  state  of  this  branch  of  industry  since  the  year  1S30.  It  will  be 
seen  that  the  return  of  vessels  fitted  out,  is  from  the  port  St.  Jolui  alone. 
The  number  from  Concepcion,  Trinity,  and  Bonavista  bays,  and  from 
other  parts  of  the  island,  is  known  to  be  considerable,  and  in  1845  to 
have  exceeded  that  of  the  capital,  but  I  have  been  unable  to  procure 
accurate  accounts  for  any  other  year. 

Statistics  of  the  Newfoundland  seal  fishery.* 


Employed. 

Exports. 

Year. 

Vessels. 

Tonnage. 

Men. 

Seal-skins.    Tuns  of  oil. 

1795 

4,900 
141,374 
221,334 
221,510 

280,613 
559,  342 

1815 

8,225 
8,224 

1820 

1825 

7,806 

1829 

1830 

92 

118 

153 

106 

125 

120 

126 

121 

110 

76 

75 

72 

74 

106 

121 

128 

6,198 

8,  046 
11,462 

8,665 
11,020 
11,167 
11,425 

10,  648 

9,  300 
6,447 
6, 190 
5,965 
6,035 
9,625 

11,  088 
11,972 

1,985 
2,578 
3,294 
2,964 
2,910 
2,  912 
2,855 
2,940 
2, 826 
2,  029 
2, 058 
2,078 
2,054 
3,177 
3,775 
3,938 

12,  371 

1IR31 

1832 

442,  683 
501,436 
360, 155 
557, 494 
381,041 
252,  910 
375,  361 
437, 501 
631,  385 
417,115 
344,  683 
651,370 
685,  530 
352, 202 

10,  010 

1833 

1834 

9,030 
11  780 

1835 

1836 

1837 

1838 

1839 

1840 

1841 

1842 

1843 

1844 

1845 

1846 

1847 

324 
163 

278 

30, 819 
16, 444 
26, 123 

9,885 
5,497 
9,388 

436, 831 

521,004 

306,  072 

1400,000 

1848 

1849 

1850 

*  The  vessels  were  from  the  port  of  St.  John,  except  in  1847,  1848,  and  1849. 
t  Estimated  from  the  several  accounts  of  the  catch  of  that  year. 

FISHERIES  OF  NOVA  SCOTIA. 


The  original  grantee  of  that  half  fabulous,  never  defined  country, 
Acadia,  was  Pierre  de  Gast  Sieure  de  Monts,  a  protestant,  and  a  gen- 
tleman of  the  bed-chamber  of  Henry  the  Fourth  of  France.     In  1603, 


61 

his  royal  ma^ilrr,  by  letters  patent,  gave  him  the  territory  beUvecn  the 
40th  and  4Gth  (l(\£Trecs  of  latitude,  and  in  the  following  year  De  Monts 
came  in  person  to  explore  and  take  possession  of  his  domains.  Sixteen 
years  before  the  landing  of  the  pilgrims  at  Plymouth,  he  wintered  npm 
an  island  in  the  river  !St.  Croix,  whieh,  sinec  the  adjustment  of  the 
boundar}-  line  between  the  United  States  and  New  Brunswick,  has 
been  considered  within  the  limits  of  Maine.  This  island  is  claimed  by 
the  heiis  of  the  late  Genernl  John  Brew^er,  of  llobbinston.  Itelics  of 
De  Monts'  sojourn  upon  it  continue  to  be  found. 

Annapolis — the  Port  Rm'al  of  the  French — was  founded  before  his 
return,  and  is  the  oldest  settlement  in  Nova  Scotia.  The  "lieutenant  gen- 
eral of  Acadia,  and  the  circumjacent  country,"  accomplished  but  little. 
His  patent  allowed  liim  to  "carefully  search  alter  and  to  distinguish  all 
sorts  of  mines  of  gold  and  silver,"  and  gave  him  the  monopoly  of  the 
ti-ade  in  furs.  He  seems  to  have  confined  his  attention  to  m(>asures  to 
secure  the  latter;  yet  hsh  were  caught,  cured,  and  carried  to  France. 
A  permanent  fishery  was  established  at  Canseau.  Acadia  soon  pass(^d 
from  De  Monts  into  Catholic  hands,  while  the  English  grant  to  Sir  Wil- 
liam Alexander,  in  1621,  embraced  a  large  part  of  it.  As  the  events 
connected  with  our  subject  at  this  time  appear  in  the  account  of  the 
French  fisheries,  there  is  nothing  to  demand  our  attention  unlil  aft(^r  Nova 
Scotia  was  permanently  annexed  to  the  British  crown,  by  the  treaty  of 
Utrecht,  in  1713. 

DoAvn  to  the  period  of  our  Revolution,  Nova  Scotia  was  hardly  known 
except  for  its  fisheries.  The  resident  English  population  was  so  small 
in  1719,  th;it  Pliillips,  the  military  governor,  was  compelled  to  select 
the  council  rccjuired  by  his  instructions  from  his  garrison.  Thirty-six 
years  later,  the  w^hole  number  of  inhabitants  was  estimated  at  only 
5,000.  In  J7G0,  the  township  of  Liverpool  was  settled  by  persons  from 
Massachusetts,  who  designed  to  prosecute  the  salmon  fishery,  and  who, 
successlul  in  their  labors,  caught  a  thousand  barrels  in  a  season.  They 
were  f(>llowed  in  1763  by  about  one  hundred  and  sixty  liimilies  from 
Cape  Cod,  who  selected  the  s}:w)t  called  Barrington,  transported  thither 
their  stock  and  fishing  vessels,  and  founded  one  of  the  most  considerable 
fishing  towns  at  present  in  the  colony.  The  whole  value  of  the  imports 
at  this  period  was  less  than  five  thousand  d(jllars.  In  truth,  the  House 
of  Asseml)ly  asserted  in  177-0,  t)i;it  the  amount  of  money  in  Nova  Scotia 
was  <£1,:J(,H),  (or  $4,S00)  of  which  one-liflh  was  in  the  hands  ofl'armers. 
Such  was  the  general  condition. 

The  settlement  of  Halifax,  the  capital,  requires  a  more  particular 
notice.  Thomas  Cf/ram,  a  finnous  [)rojector  of  the  time,  whose  name 
occurs  often  in  the  history  f)f"  Maine,  engaged  in  a  scliemeto  commence 
a  town  on  the  site  of  tliis  ci^ly  us  early  as  the  y<>;ir  171S,  and  his  peti- 
tion tor  <i  g7-;mt  of  land  received  a  favorable  report  from  the  Lords  of 
Trade  and  Plantations;  but  the  ugents  of  Massachusetts  opposed  his 
plans,  because  they  interfered  with  the  freedom  of  the  fisheries,  and  he 
was  compelled  to  abandon  his  purpose.* 

"  It  is  mill,  ill  I'.rirkf'n  roiiiiiKincrs  of  t'liylivml,  tliiit  Miijor  Wiiliiiiii  Marliliiim,  (of  tlw 
fiuiiily  of  ^turUliaiu  of  l^ecca  Hall,)  wbu  wus  buru  Lu  IG^G,  built  tbu  tir«t  bouxe  iu  lluliiax, 
Kuva  Scotiu. 


62 

At  llie  restoration  of  Cnpe  Breton,  in  1748,  the  founding  of  a  capital 
for  Nova  Scotia  was  undertaken  as  a  government  measure.  "  As  a  sub- 
stitute" for  Louisbourg  restored  to  France,  said  Mr.  Hartley  in  tlie  House 
of  Commons,  "you  settled  Halifax  for  a  place  (Tannes,  leaving  the  limits 
of  the  province  as  a  matter  of  contest  with  France,  w^hich  could  not  fail 
to  prove,  as  it  did,  the  cause  of  another  war.  Had  you  kept  Louisbourg, 
instead  of  setthng  Halifax,  the  Americans*  could  not  say,  at  least,  that 
tliere  would  not  have  been  that  pretext  for  imputing  the  late  war  to  their 
account."  The  new  city  was  named  in  honor  of  the  Eaid  of  Halifax, 
the  president  of  the  Lords  of  Trade  and  Plantations.!  "  The  site," 
says  Haliburton,  "about  mid-way  between  Cape  Canseau  and  Cape 
Sable,  was  preferred  to  several  others,  where  the  soil  was  better,  for 
the  sake  of  establishing  in  its  neighborhood  an  extensive  cod-fishery, 
and  fortifying  one  of  the  best  harbors  in  America."  Thus,  Halifax  was 
designed  as  a  fishing  capital,  and  "  as  a  substitute  for  Louisbourg."  Lib- 
eral grants  of  land  were  made  to  officers  and  men  who  were  dismissed 
from  the  land  and  naval  service  at  the  close  of  the  war,  and  Edward 
Cornwallis  was  appointed  military  governor.  Horatio  Gates,  then  an 
officer  in  the  British  army,  and  subsequently  the  victor  at  Saratoga, 
was  among  the  first  who  landed  at  Halifax,  in  1749. 

The  project  involved  the  government  in  serious  difficulties,  and  the 
expenditure  of  enormous  sums  of  money. 

The  amount  first  appropriated  was  ^40,000.  In  a  few  years  the  cost 
to  the  nation  was  nearly  two  millions  of  dollars !  The  fisheries  were 
neglected,  and  the  colonists,  unable  to  support  themselves,  petitioned 
Parliament  for  additional  relief,  even  after  so  large  an  amount  of  money 
had  been  disbursed  for  their  benefit. 

Omitting  details,  we  may  state  that  five  millions  of  dollars  of  public 
money  were  expended  finally  in  the  colonization  of  Nova  Scotia,  accord- 
ing to  the  plan  devised  by  the  Board  of  Trade  and  Plantations. 

A  letter  is  preserved  in  the  Collections  of  the  Massachusetts  Histori- 
cal Society,  from  a  resident  of  Halifax  to  the  Rev.  Dr.  Stiles,  which 
may  afford  a  partial  explanation  to  this  state  of  things.  It  is  dated  in 
1760.  "We  have,"  says  the  writer,  ^^  upwards  of  one  hundred  licensed 
houses,  and.  perJiaps  as  many  more  which  retail  spirituous  liquors  without 
license  ;  so  that  the  business  of  one  half  the  town  is  to  sell  rum,  and  of  the 
other  half  to  drink  it.  You  may,  from  this  single  circumstance,  judge  of  our 
morals,  and  naturally  infer  that  we  are  not  enthusiasts  in  relioion." 
Again  :  "  Between  this  and  Cape  Sable  are  many  fine  harbors,  com- 
modiousk"  situated  for  the  cod-fishery  ;  and  the  rivers  furnish  great 
abundance  of  salmon."  ****'<  'Phe  fleets  and  armies  which 
have  been  here  durino;  the  war  have  enriched  this  town,  but  have  o:iven 
a  mortal  blow  to  industry:"  and,  he  adds,  "we  have  but  few  people 
of  genius  among  us  ;  a9id  not  one  discovers  a  thirst  after  knowledge,  either 
useful  or  speculatice.^'' 

Halifax  became  a  place  of  note  in  the  war  of  the  Revolution,  and  as 


*  This  speech  was  in  1775. 

t  Horace  Walpole  wrote  to  Sir  Horace  Mann,  in  1749 :  "  Half  our  thoughts  are  taicen  up — 
that  is,  Lord  Halifax's  are — with  colonizing  Nova  Scotia;  my  fiieud,  Colonel  Coniwallis,ij 
going  thither  commander-in-chief.      The  Methodists  will  scarce  follow  Mm,  as  they  did  Ogle- 
thorpe" to  Georgia. 


63 

the  great  naval  station  of  the  British  government.  At  the  peace  of 
178-3,  Nova  Scotia  became  the  home  of  many  thousands  of  American 
loyahsts,  who,  under  the  policy  adopted  by  the  winners  in  the  strife, 
were  compelled  to  abandon  their  native  hind.  M;iny  of  them  were 
persons  of  elevated  moral  (juahties,  of  high  posili(jiis  in  society,  and  of 
great  spirit  nnd  enterprise;  several  were  natives  of  Massuciiusetts,  and 
graduates  of  Harvard  University.  Others  had  held  prominent  rank  in 
New  York  and  New  Jersey.  From  this  period,  w^e  m;iy  date  a  cliange 
in  the  morals  of  tlie  colon}^  and  note  a  partial  attention  to  the  fisheries. 

Omitting  the  few  fraguientary  accounts  that  are  to  be  found  scattered 
through  the  records  which  I  have  examined,  we  come  at  once  to  con- 
sider this  branch  of  industry  as  it  exists  in  our  own  time.  And,  singu- 
lar to  remark,  attention  to  the  fisheries  is  still  partial.  No  American 
visits  Nova  Scotia  without  being  amazed  at  the  apathy  which  prevails 
among  the  people,  and  without  "calculating"  the  ad vantnges  which 
they  enjo}-,  but  will  not  improve.  Almost  every  sheet  of  water  swarms 
with  cod,  pollock,  salmon,  mackerel,  herring,  and  alewives ;  while  the 
shores  abound  in  rocks  and  other  places  suitable  for  drying,  and  in  the 
materials  required  f(>r  "  flakes  and  stages."  The  coasts  are  every- 
where indented  with  harbors,  rivers,  coves,  and  bays,  which  have  a 
ready  connnunication  with  the  waters  of  the  interior;  scarcely  any  part 
of  which — such  is  the  curious  freak  of  nature — is  more  than  thirty 
miles  distant  from  navigation.  The  proximity  of  the  fishing  grounds 
to  the  land,  and  to  the  homes  of  the  fishermen, — the  use  that  can  be 
made  of  seines  and  nets  in  the  mackerel  fishery, — the  saving  of  capital 
in  building,  equipping,  and  manning  vessels, — the  ease  and  safety  which 
attend  every  operation,  combine  to  render  Nova  Scotia  the  most  valua- 
ble part  of  British  America,  and  probably  of  the  world,  for  catching, 
curing,  and  shipping  the  productions  of  the  sea. 

Yet  the  colonists  "look  on  and  complain  of  us.  Tliey  will  neither  fish 
themselves  nor  allow  us  to  do  so.  In  the  words  of  a  late  official  report 
on  the  "Fisheries  of  Nova  Scotia,"  "From  seven  to  eight  hundred 
[American]  vessels  are  said  annually  to  pass  through  the  Gut  of  Canso, 
which  usually  return  home  with  large  cargoes  taken  at  our  very  doors. 
There  is  ahrai/s  a  great  deal  said  about  their  encroach mcnts^  and  ive  are  apt 
to  blame  them  tlait  our  fisheries  are  iwt  more  j^roductivc  than  they  are,  and, 
instead  of  engaging  all  our  energies  to  corny ete  loith  them,  iveare  cmployi/ig  a 
host  ofrecenue  cutters,  ^'c,  to  drire  them  from  our  shores.  Everybody  must 
see  that  the  Americans  are  ])laced  under  many  disadvantages  for  prose- 
cuting the  fisheries  in  British  waters,  and  that  if  jfrojnr  enterprise  were 
tmploijed,  our  atlvantageous  position  irou/d  enable  us  not  only  to  compete  ivith 
them  successfully,  but  also  to  drive  them  from  our  shores  by  underselling  them 
in  thir  own  markets.  But  we  find  that  they  almost  entirely  monopo- 
lize our  deep-sea  fishery,  while  ive  look  idly  on  and  grumble  at  their  suc- 
cess.'' This  covers  the  whole  ground  ;  and  coming,  as  it  docs,  from  the 
pen  of  a  (•«)lonial  official,  is  conclusive. 

.Judge  Ilaliburlon,  in  his  edbrts  to  rouse  his  fellow-colonists  from  their 
letliarLjy,  adopting  as  his  motto,  that 

"Tin-  chccvfiil  sfi>,'i\  when  sulciiiii  (lictiites  Lil, 
CuuccaU  lliii  iiioiivl  cmiusol  iu  u  Ink'," 


64 

utters  similar  sentiments.  His  renowned  hero,  "Sam  Slick,"  the  Yan- 
kee clockmaker,  in  the  course  of  his  "  sayings,"  thus  speaks  of  the 
people  of  Nova  Scotia,  and  of  their  advantages  :  "They  do  nothing  in 
these  parts,"  says  Sam,  "  but  eat,  drink,  smoke,  sleep,  ride  about, 
lounge  at  taverns.  *  *  *  They  are  a  most  idle  set  of  folks,  I  tell 
you.  *  *  *  They  are  in  the  midst  of  fisheries,  squire  ;  all  sorts  of 
fisheries,  too.  River  fisheries  of  shad,  salmon,  gasperause  and  herring; 
shore  fishery  of  mackerel  and  cod;  bank  fishery,  and  Labradore  fish- 
ery. Oh  dear !  it  beats  all ;  and  they  don't  do  nothin  with  'em,  but 
leave  'em  to  us.  *  *  *  I  never  seed  nor  heerd  tell  of  a  country 
that  had  so  many  natural  privileges  as  this.  Why,  there  are  twice  as 
many  harbors  and  water-powers  as  ice  have  all  the  way  from  Eastport 
to  New  Orleans.  They  have  all  they  can  ax,  and  more  than  they  de- 
sarve.  *  *  *  You've  heerd  tell  of  a  man  who  couldn't  see  London 
for  the  houses  ;  I  tell  you,  if  we  had  this  country  you  couldn't  see  the 
harbors  for  the  shipping." 

The  cod-fishery  of  the  shores  differs  so  little  from  the  shore  fisheries 
Qt  Newfoundland,  St.  Pierre,  and  iNIiquelon,  already  spoken  of,  that  we 
shall  not  here  give  an  account  of  it.  The  vessel  fishery,  both  on  the 
coasts  of  Nova  Scotia  and  at  Labradore,*  is  also  so  nearly  like  our  own, 
that  a  description  of  it  may  be  omitted  to  avoid  repetition. 

The  herring  fishery  will  detain  us  but  a  moment.  The  export  of 
smoked-herring  has  declined  very  much.  Towards  the  close  of  the 
last  century  the  quantity  shipped  was  from  50,000  to  60,000  boxes 
annuall3^  In  some  years,  too,  previous  to  1S19,  the  export  was  even 
more,  and  from  80,000  to  100,000  boxes.  At  present  the  average  is 
less  than  half  the  quantity  of  either  period.  The  natural  advantages 
possessed  by  the  colonists  of  the  shores  of  "Annapolis  basin"  are 
unequalled  in  the  whole  world.     Digby  and  Clements  should  be  the 

*  A  Halifax  paper,  in  the  spring  of  1852,  indulged  in  the  following  course  of  remark :  "  We 
learn  that  no  less  than  twenty-five  vessels  cleared  at  this  port  for  the  Labrador  fishery  on  Sat- 
urday last.  We  have  been  much  gratified  with  the  improved  appearance  of  the  schooners 
comprising  our  fishing  fleet  this  season.  The  class  of  Nova  Scotiamen  at  present  engaged  in 
the  fisheries  would  do  credit  to  any  country  in  the  world,  our  enterprisiug  and  energetic  neigh- 
bors, the  Americans,  not  excepted.  Where  all  are  desei^ving  of  praise,  it  would  appear  almost 
invidious  to  particularize ;  but  we  must  not  omit  to  chronicle  a  very  superior  craft  which  we 
observe  receiving  her  supply  of  salt  alongside  the  brig  'Wellington,'  at  Oxley's  wharf,  called 
the  '  Ocean  Wave.'  This  fine  vessel  was  recently  launched  at  Lunenburg  by  a  Mr.  Young, 
end  was  built  expressly  for  the  fishing  business.  She  appears  to  have  been  most  carefully 
constructed,  .  ud  her  outfit  is  after  the  most  approved  fashion.  There  is  a  reasonable  proba- 
bility of  this  most  important  branch  of  provincial  iuelustry  proving  eminently  successful  during 
the  present  season;  aud  we  can  only  hope  that  the  desideratum  may  be  realized  to  its  fullest 
extent.  Our  fishing  friends  cannot  be  too  careful  in  curing  their  catch.  The  markets  for 
their  valuable  products  are  extending  on  every  hand.  It  is  essential  that  the  character  of  this, 
oui  staple  article  of  export,  should  be  established  beyond  the  shadow  of  a  doubt.  Due  atten 
tion  to  this  matter  will  repay  our  fishennen  a  hundred  fold  for  any  extra  time,  labor,  or 
attention  bestowed  on  the  making  of  their  fish.  Let  all  interested  look  to  this  all-important 
matter,  and  a  rich  harvest  may  be  reaped  in  the  future.  It  is  satisfactory  to  know  that  the 
parties  who  have  this  season  fitted  out  for  the  fisheries  are,  many  of  them,  both  forehanded 
aud  intelligent  qualifications  indispensable  in  the  successful  prosecution  of  this  valuable  branch 
of  industry." 

In  August,  1852,  it  was  again  said  that,  "  We  are  enabled  to  record  the  gratifjdng  intelli- 
gouce,  that  v»f  twenty-seven  vessels  fitted  out  from  ports  in  Limeuburg  county  for  the  Labra- 
dor, twenty-.six  have  returned  well  fished — one  vessel  bringing  home  the  handsome  fare  of 
1 ,100  (puuvals.  This  almost  unprecedented  success  is  perhaps,  in  a  great  measure,  attributa- 
ble to  the  vigilance  of  the  revenue  cutters  stationed  on  the  coast  by  the  Canadian  government 
,or  the  prelection  of  the  fisheries." 


65 

seat  of  the  most  extensive  hcning  fishery  in  America.  This  fish,  well 
smoked  iind  of  approved  color,  is  a  great  luxury  for  the  forenoon  lunch 
and  f(ir  the  tea-tahle  ;  and  the  time  has  been  when  a  herring-box  branded 
"Digby,"  or  with  tlie  name  of  a  well-known  curer  there,  passed  as 
current  in  our  markets,  without  examination,  as  coin  received  at  the 
mint.  This  is  liigh  l)nt  deserved  praise.  The  whole  quantity  smoked 
in  1S'50  was  but  2,000  boxes.  The  scenery  in  the  vicinity  of  the  "  bnsin" 
is  truly  beautiful;  and  the  "basin"  itself  is  one  of  the  safest  shelters 
ibr  boats  and  vessels  required  for  the  fishery  that  is  to  be  found  iii 
America. 

The  mackerel  fishery  is  in  fnvor,  and,  compared  with  the  cod  and 
herring  fisheries,  receives  commendable  attention.  The  present  state 
ot"  this  branch  of  industry  is  to  be  attributed  to  the  recent  change  in 
our  tarifl'  of  duties  imposed  on  foreign-caught  fish,  and  to  the  facilities 
afforded  by  our  warehouse  system.  This  change,  it  hardly  need  be 
said  applies  to  dried  and  smoked  fish  as  well  as  to  pickled  ;  and,  were 
the  causes  just  assigned  the  true  ones,  it  might  be  concluded  by  those 
who  are  not  acquainted  with  the  colonial  character,  that  increased  ex- 
ertions would  be  witnessed  on  all  the  fishing  grounds.  Explanation  is 
easy.      The  mackerel  fishci'tj  is  the  least  laborious  and  the  most  projitahle. 

I  know  something  of  the  energy  and  skill  of  our  fishermen,  and 
appreciate  them  highly;  l:)ut  I  feel  quite  certain  that  under  a  system  of 
ad  valorem  duties  their  competitors  in  Nova  Scotia  rmd  elsewhere  in 
British  America  will,  ere  long,  supplant  them  in  our  own  markets.  As 
has  been  already  remarked,  the  colonists  may  take  every  kind  of  fish, 
in  any  desirable  quantities,  at  their  very  homes,  and  without  the  expense 
of  large  vessels  or  extensive  outfits ;  while  the  pursuit  in  the  more  dis- 
tant haunts  of  cod  and  mackerel  is  attended  with  less  cost  than  from 
the  ports  of  Massnchu setts  and  Maine — for  the  re;ison  that  the  labor, 
timber,  iron,  cordage,  and  canvass,  necessary  for  the  construction  and 
equipment  of  vessels,  and  the  salt,  hooks  and  lines,  for  their  outfits,  are 
much  cheaper.  These  advantages  will  be  acknowledged  at  once,  and 
unless  the  observation  of  many  years  has  led  me  astray,  they  are  too 
great  to  allow  of  the  present  reduced  scale  of  impost. 

Severely  as  the  late  change  of  policy  with  regard  to  the  admission 
of  ft)rcign  fish  has  be(Mi  felt  by  all  branches  of  our  fisheries,  the  mack- 
erel catchers  have  suffered  the  most.  They  still  pursue  the  employment 
in  the  hope  of  the  restoration  of  specific  duties,  and  because  their  local 
position  and  other  circumstances  have  not,  as  yet,  allowed  them  to 
adopt  any  other.  As  w;is  said  l\v  Fisher  Ames,  soon  after  the  organiza- 
tif)n  of  the  present  national  government,  when  a[)])(;aling  f()r  protection 
to  our  fishermen,  "they  are  too  poor  to  stay — tf)o  j)oor  to  remove." 

It  is  even  so.  During  certain  months  of  the  year  oui'  vessels  seek  the 
mackerel  in  the  waters  of  Nova  Scotia  and  other  IJritish  jiossessions ; 
but  ;is  our  tn.'aty  with  Great  Britain  requires  I  hem  to  keep  three  miles 
tiorn  the  land,  the  fishery  in  the  narrow  sliaits,  by  the  means  of  nets  and 
seines,  is  in  (-(.'lonial  hands  exclusively.  The  (juantitiesof  fish  which  the 
colonists  sometimes  take  in  nets  and  seines  an^  iinn)ense.  It  is  not  long 
since  forty  thousand  barrels  were  caught  in  ihree  harbors  of  Nova  Scotia 
in  a  single  season.  This  (ivanlity  is  more  tlnni  onc-irnth  of  the  ichclc  obtained 
hij  all  the  vessels  of  Massaihuselts  in  the  most  yrosiiavus  year.  Yet  these 
6 


66 

three  harbors  can  be  entered  in  sailing  a  distance  of  twelve  miles.  The 
owners  of  American  vessels  often  lose  the  use  of  their  property,  and  the 
expenses  of  outfits  besides.  The  proprietors  of  estates  in  the  colonies 
where  mackerel  seines  are  used,  receive,  on  the  other  hand,  hundreds  of 
barrels  of  the  fish  caught  in  the  waters  appurtenant  thereto  for  the  rent 
of  these  waters,  and  the  privilege  of  dressing,  salting,  and  packing  on 
the  shores.  To  secure  two,  four,  six,  and  even  eight  hundred  barrels 
at  a  time,  it  is  onl}'-  necessary  to  set  a  seine,  to  tend  it,  and,  at  the  pro- 
per moment,  to  draw  it  to  the  shore.  Competition  without  protection, 
when  such  rewards  as  these  await  the  colonial  fishermen  and  land 
owners,  who  expend  nothing  whatever  for  vessels,  and  whose  whole 
outlay  involves  little  beyond  the  cost  and  wear  of  seines  and  the  loss 
of  time  for  short  periods  in  a  season,  is,  I  think,  impossible.  The  lot 
of  those  of  our  countrymen  who  live  by  the  use  of  the  hook  and  line 
is  hard  enough  at  best.  The  battles  which  they  have  fought,  and 
which,  in  the  course  of  events,  they  may  be  required  to  fight,  ought  to 
prevent  their  utter  ruin.     The  topic  will  be  resumed  elsewhere. 

Macgregor,  in  his  "Progress  of  America,"  published  in  1S47,  thus 
spealis  of  occurrences  at  Crow  Harbor  and  Fox  Island,  two  of  the 
favorite  resorts  of  mackerel  in  Nova  Scotia.  "  These  places,"  he  re- 
marks, "while  the  fishing  season  lasts,  are  generally  the  scenes  of  the 
most  lawless  disorder  and  licentiousness,  occasioned  by  the  violence  of 
the  fishermen  contending  for  the  best  places  to  haul  the  seines  ashore  ; 
the  pillaging  of  the  fish;  the  selling  and  drinking  of  rum  ;  the  smuggling 
of  goods  by  the  Americans ;  and  often  from  the  mere  spirit  of  spoliation 
and  mischief.  A  ship-of-war  has  been  occasionally  sent  round  from 
Halifax  to  preserve  some  sort  of  order  among  the  multitudes  of  men, 
boats,  and  schooners  that  resort  to  these  harbors,"  &c.,  &c. 


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68 

FISHERIES  OF  THE  ISLAND  OF  CAPE  BRETON. 

The  extraordinary  value  placed  upon  this  island  by  the  French,  and 
by  the  people  of  New  England,  as  well  as  the  expenditures  and  exer- 
tions of  both — the  one  to  fortify  and  retain  possession  of  it,  the  other  to 
capture  it — have  been  considered  in  the  first  part  of  this  report.  We 
may  here,  without  repeating  anything  there  stated,  give  a  view  of  the 
whole  subject  by  an  extract  from  the  "  proposals  "  of  Robert  Auchmuty, 
of  Boston,  to  the  British  ministry  while  in  London,  in  1744,  the  year 
previous  to  the  expedition  against  Louisbourg  under  Pepper  ell. 

Auchmuty,  it  will  be  remembered,  was  a  distinguished  lawyer  and 
judge  of  the  vice  admiralty  court  for  Massachusetts  and  New  Hamp- 
shire. The  communication  in  question  is  headed  "  The  Importance  of 
Cape  Breton  to  the  British  Nation,"  and  commences  with  the  following 
remarkable  declaration  :  "  This  island,  situated  between  Newfoundland 
and  Nova  Scotia,  the  English  exchanged  with  the  French  for  Placentia 
in  the  treaty  of  Utrecht ;  and  during  the  late  peace  between  the  two 
nations  the  French,  by  the  advantage  of  the  place,  carried  on  an  mi- 
bounded  Jishery,  anmiallij  employing  at  least  a  thousayid  sail,  from  two  hun- 
dred to  four  hundred  tons,  and  ticenty  thousand  men.  In  the  year  1730, 
thnre  was  a  comjmtation  made  of  twenty-two  hundred  thousand  quintals  of 
fsh  at  Marseilles,  only  for  a  marlcct ;  and  communihus  annis*  they  cure  above 
five  millions  of  quintals.  How  dangerous  a  nursery  of  seamen  this  island, 
therefore,  has  been,  and  ever  will  be,  while  in  tiieir  possession,  is  too 
obvious  to  a  British  constitution ;  and  it  is  as  demonstrable  the  recovery 
of  a  place  of  this  consequence  will  entirely  break  up  their  fishery,  and 
destroy  this  formidable  seminary  of  seamen ;  for  if  they  are  happily 
removed  from  this  advantageous  shelter,  no  protection  is  left  for  them 
on  the  fishing  ground  nearer  than  old  France."  Such  are  the  exagge- 
rated statements  and  conclusions  of  one  of  the  most  intelli2;ent  men  of 
New  England  of  the  last  century.  He,  of  course,  did  but  embody  and 
repeat  to  the  ministry  the  opinions  expressed  in  Boston  before  his  de- 
parture for  England,  and  his  declarations  are  accordingly  to  be  con- 
sidered as  those  common  at  the  time.  The  number  of  quintals  of  fish 
caught  and  of  vessels  employed  at  Cape  Breton  in  1744,  which  I  have 
placed  in  the  table  of  statistics,  though  much  less  than  Auchmuty's 
computations,  and  though  authorized  by  authentic  documents,  and  par- 
ticularly by  an  official  report  of  a  special  agent  of  Governor  Shirley,  I 
consider  too  large. 

That,  however,  the  French  fishery  was  extensive  at  this  island,  can- 
not be  doubted.  But  whatever  allowance  should  be  made  in  the  esti- 
mates and  figures  of  exasperated  rivals,  enough  remains  certain  to  show 
that  there  has  been  a  great  decline  in  this  branch  of  industry  since 
Cape  Breton  became  a  possession  of  the  British  crown. 

Louisbourg,  the  once  famous  fortress,  is  now  a  heap  of  ruins.  Even 
the  materials  of  which  it  was  built  have  been  carried  away,  to  a  very 
considerable  extent,  to  be  used  in  the  erection  of  structures  hundreds 
of  miles  distant.  It  is  almost  desolate.  Those  who  visit  it — with  the 
aid  of  the  imagination — hesitate  to  believe  that  armies  and  fleets  once 

*  One  7ear  with  another. 


69 

fought  with  desperate  valor  to  retain  and  to  win  it ;  tliat  the  deep  silence 
which  prevails  was  ever  broken  by  crowds  of  busy  people ;  that  ships 
laden  with  rich  cargoes  ever  anchored  in  waters  which  even  fishermen 
of  our  day  seldom  enter,  except  for  shelter  ;  that  around  them  were 
lofty  and,  as  was  thought,  impregnable  walls,  and  nunneries,  palaces, 
terraces,  and  gardens. 

The  English  histor}''  of  Cape  Breton,  as  connected  with  our  subject, 
is  brief. 

Separated  from  Nova  Scotia  by  a  narrow  strait  only,  it  was  annexed 
to  that  colony,  soon  after  its  final  cession,  at  the  peace  of  1763 ;  but  in 
1784:  was  created  a  province,  and  allowed  corresponding  rights  until 
1820,  when  it  was  re-annexed  to  the  government  of  Nova  Scotia.  The 
popuhuion  in  1839  was  about  35,000,  and  in  1848  nearly  50,000. 

Great  as  were  the  expectations  of  the  conquerors,  its  fisheries  have 
never  been  of  acc-ount  since  the  conquest.  The  statistics  indicate  no 
increase,  but,  on  the  contrary,  a  considerable  decline.  The  exports,  at 
the  present  time,  are  less  than  in  1828.  In  fact,  Cape  Breton  is  the 
poorest  part  of  British  America. 

As  late  as  1840,  a  gentleman  officially  connected  with  its  fisheries 
gave  a  most  lamentable  description  of  the  poverty  of  those  who  de- 
pended upon  them  for  subsistence.  Having  stated  that,  while  in  pos- 
session of  the  I-Yench,  the  exports  were  of  the  immense  value  of 
£927,577  sterling,  that  564  ships  and  27,000  men  were  employed,  and 
that  the  whole  produce  now  was  only  80,000  quintals,  and  50  tuns  of 
oil,  he  proceeds  as  follows:  "The  fisherman  is  supplied  at  such  ex- 
tremely high  prices,  that,  after  his  season's  work  is  over,  what  he  has 
caught  frequentty  does  not  amount  to  the  cost  of  his  outfits:  thus  he 
returns  to  his  family  with  a  poor  prospect  of  providing  for  their  winter's 
supply."  "I  have  seen  families,"  he  continues,  "covered  with  scurvy, 
appH'ing  for  medicine,  and  although  they  obtained  it,  were  informed  by 
the  doctor  that  it  was  fresh  and  wholesome  provision  they  wanted  most; 
at  which  time  one  of  the  parties  admitted  that  his  stock  was  reduced 
to  some  herrings  and  a  few  potatoes."  "lu  like  manner,"  he  adds, 
"when  the  militia  muster  took  place,  I  knew  of  some  who  came  seven 
miles,  and  who,  without  money  to  purchase  food,  returned  home  fast 

Had  the  cases  related  by  this  functionary  been  such  as  exist  in  every 
community,  they  would  not  have  been  thus  mentioned.  It  is  not  to  be 
presumed,  however,  that  while  so  great  destitution  is  prevalent,  it  is 
general  among  the  fishermen  of  Cape  Breton.  Yet  tales  of  their 
wretchedness  and  poverty  are  common.  Masters  of  our  fishing  ves- 
sels, who  visit  the  coast,  have  told  me  rejjeatt'diy  that  in  the  sj)ring 
th(y  were  beset  by  persons  who  ofU'rcd  lo  barter  away  almost  their 
last  article  of  value,  and  evert  begged  for  f(M)d.  To  make  evTry  allow- 
ance, we  may  still  fairly  conclude  that  tli<(se  who  earn  their  bread  in 
fishing  boats  and  shallops,  as  a  body,  enjoy  few  comforts,  and  often 
fiuffer  f<)r  the  absolute  necessaries  of  life. 

The  seafi  of  Cape  Breton,  neglected,  shunned  even,  as  if  a  curse 
rested  upon  them,  and  as  if  the  sj)irils  of  the  slain  of  a  b3'-gone  genera- 
tion hovered  over  tliem,  are  as  rich  as  they  ever  were;  and  as  safe,  too, 
for  the  cmploynient  of  capital,  skill,  and  labor,  as  when  the  successful 


70 

adventures  of  the  Catholic  French  roused  all  Puritan  New  England  in 
a  crusade  to  possess  them.  Were  these  seas  ovrs,  we  should  soon 
prove  the  truth  of  this  remark.  Could  the  descendants  of  those  who 
first  won  Louishourg  for  its  present  nominal  owners,  settle  amid  its 
ruins,  the  few  fishers'  huts  that  serve  to  mark  its  site  would  disappear, 
and  a  thrifty,  well-built  town  take  their  place.  The  harbor  is  one  of 
the  best  on  the  eastern  coast,  and  the  situation  such  as  to  render  access 
to  the  fishing  grounds  in  the  waters  of  the  St.  Lawrence  easy.  In  a 
word,  distant,  lone,  and  dreary  as  is  the  ancient  fishing  capital  of 
France,  enterprise  and  industry  are  alone  wanting  to  restore  it,  in  somis 
measure  at  least,  to  importance  and  prosperity* 


71 


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72 

FISHERIES    OF    PRINCE    EDWARD    ISLAND. 

Prince  Edward  Island  is  in  the  Gulf  of  St.  Lawrence,  and  is  one 
hundred  and.  seventeen  miles  long. 

Cabot,  in  1497,  after  losing  sight  of  Newfoundland,  and  on  the  24rh 
of  June,  saw  other  land,  to  which,  in  honor  of  the  day,  he  gave  the 
name  of  St.  John.  The  discovery  was  assumed  to  be  this  island,  and 
it  bore  the  name  of  St.  John  for  a  long  period.  The  French,  claiming 
that  Verrazani  was  the  first  discoverer,  granted  it — in  1663 — to  the 
Sieur  Doublett,  a  captain  in  the  nav3^  to  be  held  by  him  in  vassalage 
of  the  royal  company  of  Miscou.  The  Sieur's  associates  Vv-ere  two 
companies  of  fishing  adventurers  from  St.  Maloes  and  elsewhere  in 
France,  whose  settlements  upon  the  island  were  confined  to  places  on 
the  coast  suited  to  their  pursuits. 

The  French  from  Nova  Scotia  and  Cape  Breton  emigrated  thither 
until  the  government,  to  prevent  the  depopulation  of  Louisbourg,  pro- 
hibited fishing  except  in  certain  harbors. 

In  1758  the  isle  St.  John  surrendered  to  the  British ;  and  at  the 
peace  of  1763,  was  permanently  annexed  to  the  crown  of  Great  Britain. 
The  population  was  about  6,000.  There  were  several  thousand  "black 
cattle "  owned  by  the  inhabitants  at  this  lime ;  and  the  cultivation  of 
the  soil  was  so  extensive  that  it  was  called  the  "granary  of  Canada." 
Among  the  proprietors  of  land  in  1775  was  General  Charles  Lee,  who 
owned  a  tract  of  ten  thousand  acres,  on  which  he  had  expended  about 
five  thousand  dollars.  As  he  had  been  an  officer  in  the  British  army, 
and  had  served  in  America,  it  may  be  presumed  that  this  estate  was  a 
grant  from  the  crown.* 

At  the  peace  of  1783,  ihe  isle  St.  John  became  the  home  of  several 
of  the  "tories"  or  loyalists  of  the  Revolution,  and,  the  following  year, 
was  formed  into  a  colony  and  called  Prince  Edward  Island.  The 
population  in  1806  was  less  than  10,000;  in  1841  it  was  upwards  of 
47,000. 

The  north  and  south  coasts  are  much  indented  with  bays  and  coves, 
and  the  waters  teem  with  fish.  But  as  the  soil  is  generally  good,  and 
owned  by  persons  of  skill  and  property,  the  fisheries  are  much  neg- 
lected. Various  attempts  have  been  made  to  induce  greater  attention 
to  maritime  pursuits. 

In  1842,  it  is  beheved  that  a  company  was  formed  in  England,  with 
a  capital  of  several  hundred  thousand  dollars,  to  promote  this  object. 
The  plan  of  this  association  was,  as  is  said,  to  purchase  land  for  a  town, 
erect  buildings,  and  send  over  two  thousand  persons.  Of  its  actual 
operations  and  success  I  have  no  knowledge.  In  1844  the  governor 
of  the  colony,  "in  a  speech  from  the  throne,"  recommended  the  organi- 
zation of  a  company  for  the  prosecution  of  the  fisheries. 

Mackerel  are  at  times  abundant.  A  single  example  will  suffice:  In 
1848  an  American  schooner  was  dismasted,  and  put  into  Georgetown 
to  repair.     Having  refitted,  she  went  to  sea^  and  returned  to  port  with 


*  General  Charles  Lee  was  a  colonel  in  the  British  anny,  and  served  in  America  in  the 
French  war.  He  lost  the  favor  of  the  ministry  by  his  course  in  the  revolutionary  controversy, 
and  entered  the  sei-vice  of  Congress.  His  dislike  of  Washington  was  the  cause  of  Ms  ruia. 
He  died  at  Philadelphia  in  1782. 


73 

eighty  baiTcls  of  fat  mackerel,  after  being  absent  only  one  week.  The 
fish  were  taken,  however,  in  two  days,  the  weather  interfering  with 
operations  during  the  remaining  part  of  the  time. 

The  ex})orts  of  Prince  Edward  Island  arc  not  large,  and  often  merely 
nomin;d;  the  catch  of  the  various  kinds  of  lish  hardly  exceeding  the 
demand  for  domestic  consumption.* 

During  the  season  lor  fishing  our  vessels  frequent  the  coasts  in  fleets  ; 
and  as  many  as  six  or  seven  hundred  have  been  seen  in  the  vicinity  of 
the  island  in  a  single  year. 

Captain  Fair,  of  the  ro^^al  navy,  in  command  of  her  Majesty's 
ship  the  Champion,  who  was  upon  the  station  in  1839,  pass(^d  the 
number  here  stated,  and  bears  honorable  testimony  to  their  good  con- 
duct. 

The  feelings  of  the  Inhabitants  towards  our  countrymen  may  be 
ascertained  from  the  following  resolution,  which  is  understood  to  have 
passed  the  House  of  Assembly  unanimously  during  the  session  of  1852: 

'■'■  llisolved,  That  a  committee  be  appointed  to  prepare  an  address  to 
her  Majesty  the  Queen,  praying  that  she  will  cause  to  be  removed  the 
restrictions  of  the  treaty  of  1818,  prohibiting  American  citizens  from 
fishing  within  certain  prescribed  limits  on  the  shores  of  the  island; 
provided  the  American  government  admit  articles  the  growth  or  pro- 
duction of  this  island  into  the  United  States  duty  free,  in  accordance 
with  the  act  12  Vic,  cap.  3,  including  fish ;  also,  vessels  built  on  this 
island  to  American  registry ;  and  that  the  legislative  council  be  re- 
quested to  join  in  the  said  address." 

FISHERIES  OF  THE  MAGDALENE  ISLANDS. 

The  Magdalene  Islands  fisheries  are  of  consequence.  These  islands, 
seven  in  number,  are  in  the  Gulf  of  St.  Lawrence,  and  about  forty 
miles  northwesterly  of  Cape  Breton.  They  originally  Ixdonged  to  the 
French,  and  were  first  granted,  I  suppose,  in  1GG3,  to  the  Sieur  Dou- 
blett  and  his  associates,  as  a  fishing  statit)n,  under  the  feudal  tenure,  as 
a  fief  of  the  royal  company  of  Miscou.  After  they  became  possessions 
of  the  British  crown  they  were  granted  to  Richard  Gridley,  of  Massa- 
chusetts, who  served  under  Pepperell  at  the  siege  of  Louisbourg,  who, 
in  177o,  laid  out  the  works  on  Bunker's  Hill,  and  who  was  retained  by 
Washington  as  chief  of  the  engineer  d('])artment  of  the  continental 
army.t 

The  Magdalene  islands  are  thinly  hihal)ited,  at  the  present  time,  by 
fishermen,  many  of  whom  are  the  lineal  descendants  of  the  Acadians, 
who  made  the  first  j)erman(nt  settlement  in  North  America,  under  De 
Monts,  the  original  Frencii  grantee  of  Acadia,  or  iVova  Scotia.     The 

*  Thfi  valiu)  of  thft  products  of  tho  sea  exported  in  1^51,  was  only  $;]8,77();  while  of  tlio  sin 
gle  nKriciillnriil  article  ot 'potHtocs,  tlie  viiliic  whs  .f;  l7,r)()H. 

t  Wlu'tht-r  Colonel  (iridiey  retained  tln^  ownersiiip  of  these  islands  until  the  Kevolution,  and 
lost  theui  in  eoii«e<|ueiic(!  of  the  part  ho  took  in  that  event,  is  unknown  to  nie.  IJut  the  ilng- 
dulenes  were  a  second  tinu;  {rranled  by  the  JJrilihh  crown,  'i'he  last  {;rante(>  was  the  late 
Admiral  Sir  Isaac  (.'oHin.  who,  at  jiis  d<>cease,  is  understood  to  have  iiei(ueathed  iheni  to 
Captain  .lolin 'I'ownsend  Collin,  of  the  royal  navy,  to  he  held  i)y  liiui  and  hs  heirs  male,  in 
strict  entail.  Captain  (.'olfm  leased  these  islands  (or  the  term  of  his  life,  it  is  believed,  in  the 
spring  of  1852,  to  licnjumiu  Wier,  of  Halifax,  and  John  Foutaua,  a  resident  at  tlio  ilagdalcnes. 


74 

fishermen  of  AcRclian  descent  retain  to  this  day  the  dress,  the  customs, 
language,  and  rehgion  of  their  ancestors. 

The  herring  fishery  at  these  islands  at  times  is  very  extensive.  The 
catch,  in  some  seasons,  has  been  from  eighty  thousand  to  one  hundred 
thousazid  batrels;  and  as  many  as  one  hundred  and  fifty  vessels  fi-om 
the  United  States  have  been  seen  there  at  once.  The  quality  of  the 
fish  is,  however,  poor,  and  the  curing  and  packing  carelessly  performed. 
I  have  seen  whole  cargoes  that,  unfit  for  human  food,  were  entirely 
"worthless,  excej)t  as  dressing  for  grass  lands. 

Large  seines  are  used  in  the  fishery,  and  hundreds  of  barrels  are 
often  taken  at  a  single  haul.  The  inhabitants  welcome  the  an-ival  of 
our  fishermen,  and  treat  them  kindly.  No  serious  difficulties  have  ever 
occurred,  and  in  no  part  of  British  America,  probably,  have  the  rela- 
tions of  the  people  of  the  two  nations  been  more  intimate  or  more  har- 
monious.* 

By  a  singular  arrangement,  these  islands  are  included  in  the  govern- 
ment of  Canada.  As  communication  with  the  capital  of  that  colony  is 
interrupted  by  ice  and  inclement  weather  nearly  half  of  the  year,  and 
is  generally  free  with  Nova  Scotia,  annexation  to  the  latter  is  much  to 
be  desired. 

Statistics  of  the  year  1848. — Exports. 


Quintals  of 
dried  fish. 

Barrels  of 
pickled  fish. 

Boxes  of 
smoked  fish. 

Number  of 
seal-skins. 

Gallons  seal 
and  cod  oil. 

Value. 

34,448 

17,574 

6,115 

21,308 

114,403 

$223,796 

FISHERIES  OF  THE  BAY  OF  CHALEURS. 


The  Bay  of  Chaleurs  was  explored  by  Jacques  Carticr,  in  1534 
He  gave  the  name  it  bears — the  "Bay  of  Heat."  On  its  shores  are 
some  of  the  oldest  settlements  in  North  America. 

As  at  the  Magdalene  islands,  many  of  the  fishermen  here  are  Aca- 
dian French,  a  people  whose  story  possesses  a  melancholy  interest,  and 
whose  sufferings  at  an  eventful  period  of  their  history  have  been  com- 
memorated by  the  poet  Longfellow,  in  "Evangeline."  They  continue 
to  live  in  villages  distinct  from  the  English  settlers,  and  within  sound 
of  the  chapel  bell.  The  most  devout  and  decided  Catholics,  they  seldom 
intermarry  with  protestants.     After  the  services  of  Sunday,  they  as- 

*  Perhaps  the  year  1852  forms  an  exception.  There  was  a  difficulty  of  some  sort  in  the 
spring,  but  the  exact  facts  have  not  been  ascertained.  The  Halifax  Sun,  in  giving  an  account 
of  the  trouble,  says:  "The  Ameiicans,  not  satisfied  \vith  infringing  the  provisions  of  the  treaty 
by  casting  their  nets  side  by  side  with  the  British  residents  and  subjects  within  the  limits  pre- 
scribed, per  force  of  numbers  and  audacity  took  possessios  of  the  fish  in  the  nets  of  their  com- 
petitors. The  indignant  residents  rallied  in  strong  force ;  an  American  vessel  and  crew  were 
captured  in  way  of  reprisal,  and  taken  into  harbor.  The  Americans  during  the  night  following 
gathered  in  their  strength,  and  triumphantly  'cut  the  vessel  out,'  leaving  the  skipper,  however, 
in  durance  under  lock  and  key." 


75 

semblc  for  social  enjoyment  and  amusement.  Few  of  them  are  coiTupt 
and  vicious,  but  most  arc  superstitious  and  ignorant.  The  women,  like 
those  of  the  ancient  fishing-town,  Dieppe,  in  France,  from  which  their 
ancestors  came,  wear  calico  caps  or  liandkcrchiefs  tied  over  the  head, 
short  petticoats  of  woollen  stuff"  striped  with  red,  white,  and  blue,  and 
plaited  in  large  folds  at  the  waist,  and  blue  stockings ;  while  on  Sunday, 
over  a  neat  and  clean  attire,  they  throw  upon  the  shoulders  a  small  blue 
cloak,  reaching  about  half  way  down  the  body,  and  fastened  at  the 
breast  with  a  brass  brooch.  The  men  appear  in  short  round  jackets, 
with  straight  collars  and  metal  buttons  set  close  togethc^r,  blue  or  scar- 
let waistcoats  and  blue  trowsers,  and  sometimes  the  bonnet  rouge,  but 
generally  round  hats.  Individuals,  however,  of  both  sexes,  dress  differ- 
ently. The  women,  or  "fish-wives" — as  at  the  fishing  ports  of  Nor- 
mandy, Piccardy,  and  Brittany,  in  France — work  very  hard,  performing 
the  whol(!  labor  of  curing  the  fish,  in  addition  to  the  ordinary  duties  of 
cooking,  spinning  and  weaving,  and  the  care  of  the  children. 

The  cod-fishing  establishments  in  this  bay  are  ancient  and  extensive. 
Of  those  of  modern  times,  that  of  Messrs.  Robin  &  Co.,  founded  in 
1768,  is  the  largest,  best  ordered,  and  most  prosperous.  They  have  a 
number  of  finished  buildings,  which  are  conveniently  arranged,  and  kept 
in  excellent  repair.  They  export  about  30,000  quintals  of  cod  annually, 
besides  a  quantity  of  pickled  fish  and  oil.  Their  vessels  come  from  the 
Isle  of  Jersey  in  the  spring,  are  dismantled  on  arrival,  and  lie  moored 
until  the  close  of  the  fishing  season;  the  masters  and  crews  either  fish- 
ing in  boats,  or  collecting  the  fish  caught  by  residents,  who  obtain 
their  supplies  and  outfits  of  the  firm.  In  the  autumn  the  vessels  are 
e(jui])pcd,  and  depart  for  Europe  with  full  cargoes.  It  is  said  that  the 
first  head  of  the  firm,  the  late  Charles  Robin,  among  other  rules  for  the 
management  of  the  business,  directed  in  his  will  that  no  female  should 
reside  at,  or  be  employed  at  any  of  the  fishing  establishments  of  the 
concern ;  and  that,  in  accordance  therewith,  the  gentlemen  and  clerks 
of  the  present  firm  of  Robin  &  Co.  leave  their  f  imilies  in  Jersey  while 
sojourning  in  the  Bay  of  Chaleurs. 

The  fishery  is  carried  on  almost  entirely  in  boats,  two  persons  in 
each,  who  return  home  every  night  and  land  the  day's  catch.  At  the 
close  of  the  season  the  resident  fishermen  settle  with  the  merchants  with 
whom  they  deal,  carrying  to  their  storehouses  all  the  fisli  not  previously 
collected  l)y  their  agents. 

The  whale  fishery  is  pursued  to  some  extent  in  the  Bay  of  Clialeurs 
and  the  adjacent  seas.  "  The  whales  caught  within  the  CJulf  of  St. 
Lawrence,"  says  Macgregor,  "are  those  called  '  hump-backs,' which 
vield,  on  an  average,  about  three  tuns  of  oil.  Some  have  been  taken 
seventy  feet  l<mg,  wliich  produced  ciglit  tons.  The  mode  of  taking 
them  is  somewhat  diffl-rent  from  that  f()ll<)\v((I  by  th(>  Greenland  fishers, 
and  the  Gasj)c  fishermen  first  acquired  an  acquaintance  with  it  from 
the  people  of  Nantucket.  An  active  man,  accustomed  to  boats  and 
schooners,  may  become  fully  acquainted  with  everything  connected 
with  this  fishery  in  one  season.  'I'he  vessels  best  adaptcMJ  t()r  the  pur- 
pose are  schooners  of  from  seventy  to  eighty  tons  l)ur(len,  manned  with 
a  crew  of  eight  men,  including  the  master.  Each  schooner  re(|nir<'s  two 
boats,  about  twenty  feet  long,  built  nanow  and  shaip,  and  with  yink 


76 


sterns ;  and  two  hundred  and  twenty  fathoms  of  hne  are  necessary  in 
each  boat,  with  spare  harpoons  and  lances.  The  men  row  towards 
the  whale,  and  when  they  are  very  near,  use  paddles,  w  ch  make 
less  noise  than  oars. 

"  Whales  are  sometimes  taken  fifteen  minutes  after  they  are  struck 
with  the  harpoon.  The  Gaspe  fishermen  never  go  in  quest  of  them 
until  some  of  the  small  ones,  which  enter  the  bay  about  the  beginning 
of  June,  appear;  these  swim  too  fast  to  be  easily  harpooned,  and  are 
not,  besides,  worth  the  trouble.  The  large  whales  are  taken  oft^  the 
entrance  of  Gaspe  bay,  on  each  side  of  the  island  of  Anticosti,  and  up 
the  river  St.  Lawrence  as  far  as  Bique." 

In  Gaspe  basin — I  ascertain  from  another  source — the  whale  fishery 
is  one  of  the  chief  means  of  support.  Yet  the  number  of  inhabitants 
is  small.  Four  or  five  schooners  of  the  size  mentioned  by  Macgregor 
are  employed,  and  probably  two  hundred  men.  The  produce  is  about 
20,000  gallons  annually.  The  basin  is  safe,  commodious,  and  easy  of 
access.  The  whales  are  taken  at  and  near  its  entrance  in  the  spring, 
and  around  the  island  of  Anticosti  and  on  the  north  shore  of  the  St. 
Lawrence  in  the  summer. 

The  fisheries  of  Canada,  other  than  those  of  the  Magdalene  islands. 
Bay  of  Chaleurs,  and  Gulf  of  St.  Lawrence  generally,  are  too  incon- 
siderable to  require  attention.  While  Canada  was  a  possession  of 
France,  the  seas  were  neglected.  Twenty  years  after  the  conquest  the 
exports  of  fish  were  small.  From  Canada  proper  there  has  been  no 
increase,  as  will  be  seen. 

Exports  from  Canada,  (proper.) 


Years. 

Quintals  dried 
fish. 

Tierces  sal- 
mon. 

smoked 
salmon. 

Tuns  oil. 

Value. 

1783 

941 
2,145 
5,346 

885 

304 
221 

505 
100 

438 
185 

1784 

1785 

1786 

1,100 

253 

1849 

$23,220 

Eayports  from  Quebec,  Gaspe,  and  New  Carlisle,  presumed  to  he  of  the  pro- 
duce of  the  Bay  of  Chaleurs  fisheries. 


Years. 

Quintals  dried 
fish. 

Bbls.  pickled 

fish. 

No.   seal- 
skins. 

Gallons  fish 
oil. 

Value. 

1832 

1838 

55,924 
45,116 
61,448 

87,137 

2,962 
1,618 

858 
3,667 

4,675 

27,681 

9,513 

28,890 

34,292 

$160,262 
177,067 
192,898 
359,209 

1843 

1848 

6,548 

77 

FISHERIES  OF  LABRADOR. 

The  const  of  Labrador  was  partially  explored  by  Jacques  Cartier 
in  1534.  He  was  beset  with  ice,  and  encountered  many  difficulties. 
Little  was  known  of  the  country  for  a  long  period  after  the  voyage  of 
the  French  navigator.  It  hiis  been  said,  however,  that  our  cod-fishery 
was  extensive  in  this  region,  not  only  previous  to  tlic  Revolution,  but  in 
the  early  part  of  the  last  century.  The  statement  I  consider  entirely 
erroneous.  As  I  have  examined  the  scattered  and  fragmentary  ac- 
counts of  Labrador,  there  is  no  proof  whatever  that  its  fishing  grounds 
were  occupied  by  our  countrymen  until  after  we  became  an  independ- 
ent people. 

Li  17G1  Sir  Francis  Bernard,  who  was  then  governor  of  Massachu- 
setts, wrote  a  brief  "Account  of  the  coast  of  Labrador,"  which — found 
among  some  of  his  papers — is  preserved  in  the  Collections  of  the  Mas- 
sachusetts Historical  Society.  After  some  general  remarks  upon  the 
country,  and  the  ignorance  that  existed  relative  to  the  natives,  he  pro- 
ceeds to  say  that,  "  What  follows  shall  be  a  plain  narration  of  facts, 
as  I  received  them  from  several  persons  who  have  been  on  the  Esqui- 
meaux  coast,  with  now  and  then  a  digression,  which  I  hope  may  be 
pertinent."  These  persons  appear  to  have  been  Captain  Henry  At- 
kins, of  Boston,  who  made  a  voyage  to  Davis's  straits  in  the  ship  Whale 
in  1729,  and  who  visited  the  coast  a  second  time  in  1758,  and  a  Cap- 
tain Prel)ble,  who  was  sent  by  Atkins  in  1753.  The  Baronet  describes 
the  course  of  affairs  between  Atkins  and  the  Indians  in  1729,  and  adds 
that  he  "is  the  more  particular  in  this  account  from  the  captain's  own 
mouth,  as  he  thinks  it  plainly  indicates  that  the  natives  on  this  coast 
and  islands  had  never  any  trade  or  commerce  with  any  civilized  peo- 
ples from  Europe  or  America;  of  course  not  with  the  French  from  Can- 
ada, or  the  Hudson's  Bay  factories."  This  is  conclusive,  especially  if  it 
be  remembered  that  the  oljject  of  Sir  Francis  was  to  collect  information 
"  f()r  tfie  advantage  of  future  navigators."  His  memory  was  remark- 
able, and  he  himself  said  that  he  could  repeat  the  whole  of  Shakspeare. 
Of  course,  this  paper  embraced  everything  that  had  been  communicated 
to  him. 

As  late  as  17G1,  then,  it  is  not  probable  that  fishermen  of  any  flag 
had  visited  the  waters  of  Labrador.  An  account  of  the  origin  of  our 
own  fishery  there  will  be  found  in  tlie  proper  place. 

The  English  whale  and  seal  fisheries  were  the  first,  and  employed 
upwards  of  one  liundred  vessel,  at  times,  prior  to  the  year  1775.  The 
earliest  adventures  were  near  J 703;  as  at  that  time  the  Labrador 
country  was  politically  separated  from  Canada,  and  annexed  to  the 
government  of  J\evvf(:>undland  by  royal  proclamation,  to  the  end  that  the 
"  open  and  free  fishery  of  our  subjects  may  be  extended."  The  pursuit 
of  the  cod  and  salmon  followed.  Meantime  the  Moravians,  wliosc 
principal  settlement  is  at  Nain,  who  have  ever  led  a  (juiet  and  simple 
life,  and  who  now  annually  ship  furs,  oils,  and  oxhvv  productions  of 
tliat  region  to  England,  in  payment  for  the  manufiictured  commodities 
which  they  re(]uire,  liad  f()unded  a  colony. 

'J'he  islands  are  so  numerous  and  so  near  each  other  as  to  resemble, 
and  often  to  be  mistaken  fur,  the  main  land.     Back  from  the  coast,  the 


78 

country  is  still  unknown.  Labrador  still  forms  a  part  of  the  colony  of 
Newfoundland.  The  natives  bear  the  general  name  of  Esquimeauxs. 
The  resident  inhabitants  of  European  origin  are  Enghsh,  Irish,  Jersey- 
men,  and  Canadians,  who  are  employed  either  on  their  own  account, 
or  as  the  servants  of  others,  as  furriers,  seal-catchers,  and  cod  and  sal- 
mon fishers. 

The  fishing  establishments  of  the  Enghsh  and  Jersey  merchants  are 
extensive  and  well  conducted.  They  are  engaged  in  the  cod  and  sal- 
mon fisheries,  and  in  the  taking  of  seals.  In  the  year  1831,  the  value 
of  their  shipments  to  Europe  was  upwards  of  $200,000.  The  number 
of  these  commercial  houses  is  from  ten  to  twelve,  who  manage  their 
business  at  Newfoundland,  either  by  the  temporary  presence  of  junior 
partners  or  clerks,  or  by  resident  agents. 

The  people  of  Newfoundland,  averring  that  the  French  and  Ameri- 
cans have  driven  them  from  their  own  "  bank  fishery,"  resort  to  Labra- 
dor. They  employ  two  or  three  hundred  vessels.  A  part  make  two 
voyages  in  a  season.  The  first  fare  is  commonly  cured  on  the  coast; 
but  the  second  is  carried  home  without  drying.  Some  of  the  merchants 
of  Newfoundland  ship  both  cod  and  salmon  directly  to  correspondents 
in  Europe;  while  others  order  their  captains  to  return  to  the  island  and 
unlade  their  fish  and  oil  at  their  own  warehouses. 

The  Canadian  fisheries  are  small.  They  send  eight  or  ten  vessels 
to  the  coast,  with  eighty  or  one  hundred  men.  They  fish  for  cod  and 
salmon.  They  carry  a  part  of  what  they  catch  to  Quebec,  and  send 
a  part  to  Europe. 

The  colonists  of  Nova  Scotia  and  New  Brunswick  adventure  at  Lab- 
rador to  a  considerable  extent;  but  they  do  not  pursue  the  business  as 
regularly  and  with  as  much  system  as  do  those  of  Newfoundland. 
Sometimes  they  send  more  than  one  hundred  vessels  in  a  year ;  at 
others  the  number  is  much  less.  They  engage  principally  in  the  cod 
fishery,  making  a  single  fare  and  curing  their  fish  at  home. 

The  Labrador  fisheries  have  "increased  more  than  six-fold,"  says 
Macgregor,  "principally  in  consequence  of  our  fishermen  [the  English] 
being  driven  from  the  grounds  now  occupied  by  the  French  "  since  the 
year  1814;  and  he  estimates  that  about  twenty  thousand  British  subjects 
are  at  present  required  during  the  fishing  season  in  the  catching,  curing, 
and  transporting  the  various  products  of  these  remote  seas. 

Statistics. 


fllffn: 

JL 


ISM. 


6dS" 
700 


liniW:;  I:o! 


11,200 

ar.oil  A'ly.ii — .[.■nni  r 


G;7^,dt)ti : 


720,000 


2  'te  ' 
1  tiivr 


■nUiTTTT: 


o  -S, 


Tiyr.Ui:n 


rjif:Tni:  ii 


2,^S0'     16,(300 

:bm  Bill  {iol  n-rA: 


iiJljij 


2,^00' 


'JijHliU 


«4 


:    iiO'j    9!lj  'io 
tsb  h;ai::jrji'KT 


n[-rr  bnr:  /al 


79 

FISHERIES    OF    NEW    BRUNSWICK. 

There  were  French  fishinii^  estahhshments  in  thnl  pnrt  of  Acadia  now 
known  as  New  Brunswick,  as  early  as  1G3S.  Tlie  Knghsh  succeeded 
to  these  at  the  treaty  of  Utrecht,  in  1713;  but  they  do  not  seem  to  have 
Ibrmed  many  otliers  until  after  the  cession  of  Canada,  in  1763.*  Among 
the  lirst,  I  suppose,  was  that  of  Lieut.  Walker,  of  the  royal  navy,  in  the 
Bay  of  Chah^urs,  which  was  extensive,  controlling  tlie  fur  mid  lisli  trade 
of  that  region  for  several  jxars.  There  were  similar  settlements  on 
the  river  St.  John;  but  from  the  estimates  of  Mr.  Grant,  made  in  1764, 
at  the  request  of  the  Rev.  Dr.  Stiles,  the  whole  population  of  British 
origin  could  not  have  exceeded  one  thousand. 

At  the  peace  of  1783,  several  thousand  "tories,"  or  loyalists,  com- 
pelled to  abandon  their  native  land,  settled  in  New  Brunswick,  and 
transferred  tliither  the  jurisprudence,  the  social  and  political  institutions, 
of  "the  old  thirteen;"  and,  the  year  following,  were  allowed  to  organ- 
ize a  separate  colonial  government.  Like  those  who  went  to  that  part 
of  Acadia  still  called  Nova  Scotia,  many  of  the  loyalists  were  gentlemen 
of  education,  eminent  private  virtue,  and  distinguished  consideration. 
Some  olitained  offices  of  honor  and  emolument;  others  adopted  agricul- 
tural pursuits;  and  another  class,  fixing  their  abodes  on  islands  and  the 
shores  of  the  main  land,  resolved  to  earn  their  support  on  the  sea.  Of 
the  latter  description,  several,  though  compelled  to  toil  and  exposure 
in  open  fishing  boats,  had  been  persons  of  note  and  property.  But, 
ruined  by  the  confiscation  laws  of  the  whigs,  or  by  the  general  disasters 
of  a  civil  war,  they  resorted  to  the  hook  and  line  to  relieve  the  pressure 
of  immediate  want,  indulging  the  hope  of  "better  times,"  and  more 
congenial  avocations.  Few,  however,  abandoned  the  employment, 
and  their  children,  trained  to  it  from  early  youth,  arid  acquiring  fisher- 
men's habits,  succeeded  to  boats^  fishing-gear,  and  smoke-houses,  as 
their  only  inheritance,  and  continue  it  at  the  present  day.  I  have  often 
met  with  common  l)oat  fishermen  of  this  lineage,  whose  earnings  were 
hardly  sufficient  to  procure  the  absolute  necessaries  of  life. 

The  fisheries  of  New  Brunswick  are  prosecuted  with  neither  skill 
nor  vigor.  The  apimrent  exports,  small  as  are  the  statistics,  do  not 
indicate  tlieir  real  condition;  since  it  is  certain,  that  of  the  products  of 
the  sea,  shipped  to  other  countries,  a  part  is  first  imported  from  Nova 
Scotia,  and  form  a  proportion  of  the  exports  of  that  colony.t  The 
number  of  vessels  sent  to  Labrador  and  other  distant  fishing  grounds 
is  never  large,  and  often  almost  nominal.  The  cod-fishery  in  the  Gulf 
of  St.  Lawrence  and  the  Bay  of  Chaleius  is  not  as  extensive  as  might  be 
reasonably  exp(>ctod  from  the  long  exj)erience  of  the  inliaf)itants  therc^ 
and  the  general  salety  and  productiveness  of  the  harbors  and  indenta- 
tions of  )thedoa:sn'"/<JJ   nuurUST.u  ^ 

,--:':i   ,  .  :..:'■:      ".;--,:-n.:.»p!^f "  -yvyr/  )[ ni  -Wfr 

->Tlio  French  lruiWht'6  frfrts  cm  the' ^iTtJr 'St.  .John  prl»»!i- ta  itlmJ  jlcace  irfUtrecbt,  OllZ,"^' 
which  they  ropairctl  iu'l754,  iilthmigh  tho'  couiitiy  had  beoa  euded  to  tEnglariii  quite  half  a> 

couiiiry.  -■,,.,  :   ■    ,  •  ,' j    I  :  i        ..'■.'/• 

,  t  Tlie  iiiiportH  ibfo  St  Juhn  fnuii  Nwv.i  Pfotia  fur  three  nionths  opty  (July  10  to  Octobei; 
)0,  I>*.V2)  (if  (he  jirc-rtent  yenr,  were  7v^HI  r|QbtaLs  of  driciTfisn,  i:<6l»  banrls  of  mafkefol;' 
24^3  barrels  of  huniug,  oud  other  pickled  liwh, 

.Rdviw  aioiii  iO  Jcoqa  fv&i  ^siTl' 


80 

The  same  remarks  need  slight  qualification  when  appheJ  to  the  Bay 
of  Fundy,  and  its  principal  branch,  the  Bay  of  Passamaquoddy.  Cam^ 
eron's,  Doggett's,  Drake's,  Woodward's,  Money,  and  Whale  coves; 
Dark  harbor,  Long's  eddy.  Grand  harbor,  and  Long,  Duck,  Nan- 
tucket, and  Kent's  islands,  which  are  all  in  the  group  of  islands  known 
as  "Grand  Menan,"  afford  excellent  facilities  lor  catching  and  curing 
cod,  pollock,  and  herring,  in  large  quantities.  In  the  waters  that  sur- 
round Campo  Bello,  Deer,  and  Indian  islands,  as  well  as  in  those  that 
wash  Bean's,  Adams's,  Parker's,  Minister's,  Hardwood,  and  Fish 
islands,  and  along  the  coast  between  L'Etite  Passage  and  Point  Le- 
preau,  embracing  Mace's  and  Back  bays,  Bhss's  island,  Seely's  cove, 
Crow,  Beaver,  and  Deadman's  harbors,  the  advantages  for  fishing  are 
very  good.  Every  place  here  mentioned  is  within  a  few  hours'  sail  of 
the  frontier  ports  of  Maine,  and  many  of  them  are  within  cannon-shot 
distance  of  the  shores  of  the  United  States.  The  fishermen  of  both 
countries  meet  on  the  same  fishing  grounds;  borrow  and  lend  "bait;" 
ask  after  each  other's  "woman"*  at  home;  narrate  the  wonderful  cures 
of  the  last-discovered  remedy  for  the  "reumatis;"  complain  of  the 
"scacity"  offish,  and  the  low  price  of  "ile;"  discourse  about  "flat- 
hooped  flour;"  and  generally  conduct  towards  one  another  as  friends' 
and  brethren,  owing  allegiance  to  one  government.  Indeed,  the  obser- 
vation of  quite  twenty-five  years  authorizes  me  to  say  that  the  colonists 
always  agree  far  better  with  the  Americans  than  witli  each  other.  Our 
countrymen  are  not  often  considered  interlopers  when  they  leave  the 
fishing  grounds  nearest  home  and  visit  those  of  Grand  Menan ;  but  the 
fishermen  of  Campo  Bello,  and  the  other  islands  on  the  British  side  of  the 
Passamaquoddy,  are  sometimes  roughly  accosted  and  "twitted"  when 
they  venture  to  take  the  same  liberty.  Frequent  attempts  have  been  made 
to  disturb  the  friendly  relations  which  have  generally  existed  between  the 
people  of  the  two  flags,  but  without  su^ccess.  The  efforts  of  officious  indi- 
viduals, and  of  functionaries  of  the  colonial  government,  have  been  alike 
disregarded.  The  captains  of  the  British  ships-of-war  on  the  station,  gen- 
tlemen in  their  feelings,  have  steadily  refused  to  stoop  to  wage  a  petty 
warfai-e  against  the  American  boats  that  cross  the  imaginary  boundary 
line  in  the  waters  of  the  Passamaquoddy,  though,  of  course,  they  have 
always  obeyed  their  instructions.  Yet,  in  the  spirit  of  Nelson,  who  looked 
at  the  signal  he  meant  to  disobey  with  his  blind  eye,  they  have  never 
been  able  to  see  a  "Yankee,"  or  to  distinguish  one  from  a  subject  of  her 
Majest3\  Some  of  them — as  I  remember  the  stories  of  by-gone  years — 
admitting  the  necessity  of  driving  off  the  aggressors,  have  asked,  "How 
are  we  to  know  them — are  they  marlccdV  Others,  sending  their  barges 
into  the  fleet  of  boats,  have  directed  that  "All  who  say  they  are  Amer- 
icans must  be  told  to  go  to  their  own  side  of  the  line;"  but,  strangely 
enough,  the  unbroken  silence  of  the  fishermen  to  whom  the  question 
was  propounded  afforded  proof  that  all  were  "  Bluenoses."  Still  others, 
satisfying  themselves,  by  peering  through  glasses  from  their  quarter- 
deck, that  all  the  boats  in  sight  must  belong  to  the  islands  in  New  Bruns- 
wick, have  thought  the  sending  of  barges  to  inquire  a  needless  cere- 
mony.     One,  in   1840 — the  captain  of  the  Ringdove — in  his  official 

They  thus  speak  of  thoir  wives. 


81 

report,  recommonded  that  "every  British  boat  should  have  a  Hcensc ;" 
otherwise,  said  lie,  "it  is  impossible  to  discriminate  them  from  Amer- 
icans." 

Those  who  seek  to  put  an  end  to  this  state  of  things,  whatever  their 
motives,  do  not  take  into  the  account  that  the  instant  they  shall  ac- 
complish their  object,  border  strifes  will  follow  of  necessity.  Before 
rencwini!:  their  efl<)rts,  they  may  be  kindly  asked  to  consider  that  har- 
mony and  good-fcllowsliip  between  the  inliabitants  of  frontier  settle- 
ments are  indispensal)le,  and  lar  Ix'tter  securities  against  the  marauder's 
torch  and  bludgeon  than  armed  ships  or  bodies  of  troops. 

The  produce  of  the  boat-fishery  of  the  Bay  of  Fundy,  and  of  the 
Passamaquoddy,  is  not  only  small  in  value,  but  generally  inferior  in 
quality.  An  increase  of  this  fishery,  under  present  circumstances,  is 
not  desirable.  The  fishermen  dress  and  cure  the  cod,  pollock,  hake, 
and  huddoek — the  kinds  usually  chied — in  a  slovenly  manner. 

These  fish,  besides  being  rough  and  dirty  on  the  "  split  face,"  fre- 
quently "slime,"  and  thus  are  unfit  for  use.  They  also  smoke,  pickle, 
and  pack  the  herring  without  skill  and  care,  and  decay  is  the  conse- 
quence. There  is  no  excuse  whatever  for  such  a  course  of  conduct, 
and  every  offender  should  be  held  to  punishment.  The  gentlemen  of 
New  Brunswick  who  complain  of  the  dechne  of  their  fisheries,  and  who 
seek  to  encourage  them  b}'^  private  "associations,"  and  by  government 
"bounties,"  should  endeavor,  first  of  all,  to  devise  a  plan  to  improve 
the  reputation  ol"  the  fish  of  this  part  of  that  colony  among  dealers  and 
consumers. 

I  find  it  stated  in  an  official  document*  that  in  1S50,  at  the  different 
fishng-stations  mentioned  as  within  these  bays,  there  were  employed 
62  vessels  of  1,268  tons,  344  open  boats,  55  weirs,  and  1,337  men,  in 
catching  and  curing  the  several  kinds  of  fish  just  referred  to ;  and  that 
the  value  of  the  products  of  the  various  branches  of  the  fishery  was 
^33,0S0t  currency,  or  8132,320. 

These  facts  show  that  the  fishermen  received  a  miserable  pittance 
for  their  toil ;  since,  without  allowing  for  the  use  atid  depreciatioii  of  the 
capital  invested  in  the  vessels,  boats,  weirs,  nets,  and  other  fishi/ig-gcar,  they 
earned  for  the  year  less  than  one  hundred  dollars  each.  We  may  lament 
that  men  who  pursue  their  avocation  both  day  and  night,  mid  rains 
and  gales,  are  so  j)0()rly  rewarded.  We  may  lament,  too,  that  the  peo- 
ple of  Grand  Menan,  falling  short  of  those  of  Campo  Bello,  West  Isles, 
and  the  parishes  on  the  coast  of  the  main  land,  earn  ev'en  less  than  the 
average.  But,  what  then?  The  fault  is  their  own  ;  entirely  so.  They 
may,  if  they  will,  j)roducc  as  sweet  and  as  well-cured  pollock  and  cod 
as  do  their  brethren  of  Barrington,  and  as  good  colored  and  flavored 

*"  Report  uiion  tho  fisheries  of  the  Bay  of  Fundy,  l>y  M.  II.  I'crlcy,  fsc}.,  licr  M.ijtsty's 
cmignitioi)  ofliccr  at  Saint  .lolni,  N.  I?.;  laid  hcfort'  the  House  of  AKscnitily  liy  fouiniaml  of  liis 
exffllcncy  rhc  lii'iitcnant  t'ovvrnor,  and  ordered  to  he  printed,  l.")fli  March,  IrTil.''  'i'o  tliis 
tniuiite,  earel'uiiy-pre|)arerl,  and  valuable  State  pai)er,  I  am  niucli  indelited  for  statisties  uud 
other  Infornialion.  Mr.  j'erley'n  endeavors  to  improve  tiie  condition  and  develoj)  tlie  re- 
sources of  New  IJninswick,  are  entitled  to  the  hinhcMt  commendation  of  his  fello\v-cn!oni.-t«. 

tNo  statistics  for  (Jraml  Menan  art;  fiven.     Mr.  V.  says  a  ilealer  eslinuiti's  tho  value  la 
184!)  as  £]2,W)i>,  which,  iu  accordauuo  with  Mr.  I'.'s  suggesliou  of  being  too  high,  I  assume  to 
have  been  £  1 1 ,0U(>. 
6 


82 

smoked  herring  as  do  those  of  Digby,  and  obtain  prices  to  correspond 
with  the  quahty. 

The  general  povert}'  among  them  is  not  to  be  attributed  entirely  or 
principally,  as  they  aver,  to  the  occasional  loss  of  boats  and  nets,  nor 
to  slutted  markets  and  bad  seasons,  nor  to  the  interlopers  who  visit  their 
fishing  grounds,  but  to  their  own  want  of  industry,  thrift,  cleanliness, 
and  honesty.  The  few  "who  work  it  right,"  acquire  property,  and 
enjoy  the  entire  confidence  of  the  dealers,  command  credit  for  sup- 
plies, and  high  prices  for  their  commodities  when  offered  for  sale. 

It  remains  to  speak  of  the  fisheries  of  the  Bay  of  Chaleurs,  and  of 
the  Gulf  of  St.  Lawrence.  The  county  of  Restigouche  borders  on 
Canada,  and  the  counties  of  Gloucester,  Northumberland,  and  Kent, 
are  favorably  situated  for  adventures  in  these  waters.  The  fishing 
grounds  are  safe,  and  generally  close  to  the  shores;  and  those  near 
Caraquet,  in  Gloucester,  are  much  frequented  by  boats  from  Gaspe, 
and  owned  by  residents  of  Canada.  Since  1835,  the  catch  of  both 
cod  and  herring  by  the  fishermen  of  Restigouche  and  Northumberland 
has  fallen  off  more  than  half,  and  in  Kent  has  nearly  become  extinct. 
But  the  inhabitants  of  the  port  of  Caraquet,  avaihng  themselves  of  the 
advantages  of  their  position,  have  actually  produced  a  large  proportion 
of  the  dried  cod  exported  from  the  colony  for  some  years.  These  four 
counties  are  more  remote  from  the  capital  of  New  Brunswick,  and  from 
the  markets  of  the  United  States,  than  the  county  of  Charlotte,  which 
embraces  Grand  Menan,  and  the  other  islands  in  the  Bay  of  Fundy, 
(where  the  fish  are  so  badly  cured,)  and  the  attention  of  the  people  is 
divided  between  several  branches  of  industry ;  but  fishing,  as  an  occa- 
sional and  irregular  emplo3"ment  merely,  has  commonly  proved  a  source 
of  profit,  or  at  least  has  afforded  a  fair  reward  for  the  labor  and  capital 
devoted  to  it.  The  fish  shipped  at  Caraquet  are  in  much  better  repute 
than  those  caught  in  the  Bay  of  Fundy,  and  the  remark  is  true  of  the 
produce  of  the  Bay  of  Chaleurs  and  St.  Lawrence  fisheries  generally. 
It  maybe  presu-ned  that /Aerc  the  herring  does  not  "become  rotten 
before  sailing;"  that,  when  sold  as  the  "gibbed"  article,  it  is  not  packed 
without  taking  out  the  entrails ;  and  that  the  cod  is  washed  after  being 
split,  and  ?iot  "salted  and  put  in  'kinch'  in  all  its  blood  and  dirt." 

This  brief  notice  of  the  fisheries  of  New  Brunswick  would  be  incom- 
plete without  a  description  of  the  boat-fisherman  of  the  Bay  of  Fundy, 
whose  professional  faults  I  have  so  severely  rebuked.  Bred  to  the  use 
of  boats  from  his  earliest  youth,  he  displays  astonishing  skill  in  their 
management,  and  gi'eat  boldness  in  his  adventures.  He  will  cross,  in 
the  stormiest  weather,  from  island  to  island,  and  go  from  passage  to 
passage,  through  frightful  whirls  of  tides,  which  suddenly  meet  and  part 
with  a  loud  roar;*  and  he  will  dive  headlong,  as  it  were,  upon  rocks 
and  bars,  merely  to  show  how  easily  he  can  shun  them,  or  how  readily 
and  certainly  he  can  "go  about"  and  "stand  off  on  the  other  tack."t 

*  The  ordinary  rise  and  fall  of  the  tide  is  twenty-tvro  feet.  The  rapidity  with  which  it 
rushes  by  the  points  of  land,  and  through  the  naiTow  straits  between  the  islands,  creates  dan- 
gerous cross-tides,  eddies,  and  whirlpools. 

t  In  returning  from  a  cruise  to  the  coast,  says  the  author  of  "Eothen,"  "You  see  often 
enough  a  fishenuan's  humble  boat  fur  away  from  all  shores,  with  an  ugly  black  sky  above,  and 
aa  angry  sea  beneath ;  you  watch  the  grisly  old  maa  at  the  helm,  carrying  his  craft  with 


83 

He  is  neither  a  Lindsmnn  nor  a  seaman,  a  soldier  nor  a  mnrine ;  but  vou 
would  think  b}-  his  talk  that  he  could  apjKnir  to  advantage  in  eilliortf 
these  characters.  He  is  neither  a  merchant  nor  a  mechanic,  and  yet 
he  can  buy  and  sell,  mend  and  make,  as  expertly  as  either.  In  the 
heahng  art  he  is  "wise  above  all  others,  and  fancies  that  he  possesses  a 
sovereign  specific  for  every  ailment  which  all  the  world  beside  considers 
as  incurable.  He  holds  nauticid  instruments  in  high  derision:  for  the  state 
of  the  moon  and  the  weather  predictions  of  the  almanac,  the  pecuhar 
sound  of  the  sea  when  it  "moans,"  and  the  particular  size  or  shape  of 
a  "cat's  paw"  or  "glin"  in  the  sky,  lead  him  to  far  surer  results.  He 
will  undertake  nothing  of  consequence  upon  a  Friday,  and  can  prove 
by  a  hundred  incidents  liow  intalJible  are  the  signs  and  omens  which 
he  believes  in.  He  thinks  to  die  in  his  bed.  True  it  is,  that  he  has 
been  overset;  that  his  boat,  loaded  with  fish  to  the  "gunnel,"  has  sunk 
under  him,  and  that  a  vessel  has  run  over  him ;  but  he  is  still  alive, 
and  "was  not  born  to  be  drowned."  His  "fish  stories"  are  without 
end.  In  politics,  he  goes  for  the  largest  liberty.  He  has  never  heard 
of  easements  and  prescriptive  rights  ;  but  he  occupies  at  will  both  beach 
and  upland,  without  any  claim  to  either,  and  will  browbeat  the  actual 
proprietor  who  lias  the  temerity  to  remind  him  of  their  relative  positions. 
Against  speculators  he  wages  perpetual  war:  why  should  he  not? 
since  it  is  they  who  put  up  the  price  of  his  favorite  "flat-hooped, 
fine  middlings  flour,"  and  put  down  the  price  offish  and  "ile!" 

And  who  shall  do  justice  to  his  dress  and  to  his  professional  gear  ? 
The  garments  which  cover  his  upper  and  nether  man  he  calls  his  He 
sute.  The  queer-shaped  thing  worn  upon  his  crown  is  vl  soiC -wester ; 
or,  if  the  humor  takes  him,  a  north-easter.  He  wears  neither  mittens 
nor  gloves,  but  has  a  substitute  which  he  has  named  nippers. 

When  he  talks  about  brush,  he  means  to  speak  of  the  matted  and 
tangled  mass  which  grows  upon  his  head;  or  the  long,  red  hair  under 
his  chin,  which  serves  the  purpose  of  a  neckcloth;  or  of  that  in  iront 
of  his  ears,  which  renders  him  impervious  to  the  dun  of  his  merchant. 
His  boots  are  stampers.  Lest  he  should  lose  the  movables  about  his 
person,  he  has  them  fastened  to  his  pockets  by  lannairds.  One  of  his 
knives  is  a  cut-throat,  and  another  is  a  splitter.  His  apron,  of  leather  or 
canvass,  is  a  harvel.  The  compartment  of  his  boat  into  which  he 
throws  his  fish  as  he  catches  them,  is  a  lad.  The  state  of  the  moon 
favorrd)le  for  "driving  herring,"  he  calls  darh.  The  bent-up  iron  hook 
which  he  uses  to  cuTy  his  burning  torch  on  the  herring-ground,  is  a 
dragon.  The  small  net  with  an  iron  bow  and  wooden  handle,  is  a  di])- 
nct,  because  it  is  with  that  that  he  dips  out  of  the  water  the  fish  which 
his  light  attracts  to  the  surface.  His  setnct  is  dilii'rently  hung,  and 
much  larger;  it  has  leads  on  its  lower  edge  to  sink  it  witli  in  the  wa- 
ter, and  corks  upon  its  upper  edge,  at  regular  iiit(  r\als,  to  buoy  it  up 

etraiiKe  skill  through  tho  turmoil  of  waters,  and  the  hoy,  8upi)Io-limbcci,  yet  woathpr-wom 

alr<'ii<ly,  ami  with  ntcady  t'yoH  that  looi^  thr(>n<.'h  tiic  l)l)iKr,  you  sec  him — uiKifrstniKliiii;  <-oiu- 
innndiiifiitH  from  the  Jerk  of  liis  falluT's  wliilt-  cyc-iirow — now  liciiiyinir,  and  imw  Iftliii^'  ^o— 
now  HCTUiu-liinu  liim.-o-lf  down  into  nicriA  liiillnst,  or  iiiiliiijj  out  dfuth  wiili  a  pipiuii.  IStale 
euouu'h  is  th<!  KJL'hl :  and  yet  wiicn  I  sen  it  1  always  stare  am-w,  atiii  with  a  kitul  of  Titanic 
oxultatidn,  in-caiiso  tliat  a  jxior  lioat,  witii  flic  hrain  id'  h  man  and  the  liaiidti  id  u  hoy  on  hoard, 
can  match  herself  so  bravely  agaimt  black  heaven  and  ocean,"  Ac. 


84 

and  preserve  it  nearly  in  a  perpendicular  direction,  so  tnat  the  herrings 
may  strike  it  and  become  entangled  in  its  meshes. 

Nor  ends  his  dialect  here.  Chebacco-boats  and  small  schooners  are 
known  to  him  as  jnnMes,  pogics,  and  jiggers.  He  knows  but  little  about 
the  hours  of  the  day  and  night;  everything  with  him  is  reckoned  by 
the  tide.  Thus,  if  you  ask  him  what  time  he  was  married,  he  will 
answer,  "On  the  young  flood  last  night;"  and  he  will  tell  you  that  he 
saw  a  certain  man  this  morning  about  "low-water  slack;"  or,  as  he 
case  may  be,  "just  at  half-flood,"  "as  the  tide  turned,"  or  "two  hours 
to  low  water."  If  he  speaks  of  the  length  of  line  required  on  the  dif- 
ferent fishing-grounds,  he  will  compute  by  "«Ao^s;"  and  by  a  shot  he 
means  thirt)'-  fathoms.  If  he  have  fish  to  sell,  and  is  questioned  as  to 
their  size,  he  will  reply  that  they  are  ^Hwo-quintal"  fish,  by  which  he 
means  that  fifty  will  weigh  one  hundred  and  twelve  pounds. 

He  is  kind  and  hospitable  in  his  way;  and  the  visiter  who  is  treated 
to  fresh  smothei;  diiff,  and  jo-fioggcrs,*  may  regard  himself  as  a  decided 
favorite.  He  believes  in  witches  and  in  dreams.  The  famous  pirate 
Kyd  buried  gold  and  treasures  in  Money  Cove,t  Grand  Menan,  he  is 
sure;  and  he  has  dug  for  it  many  a  time.  His  "woman"  is  the  "best;" 
the  harbor  he  fives  in  is  "the  safest;"  and  his  boat  is  "the  fastest  and 
will  carry  sail  the  longest."  When  determined  upon  going  home, 
whether  he  is  upon  the  land  or  the  sea,  he  says,  "Well,  I'll  up  killock 
and  be  ofi"." 

The  man  I  have  described  is  no  countryman  of  ours,  and  was  to  be 
seen  playing  the  soldier  on  the  easterly  side  of  the  St.  Croix  during 
the  recent  very  wordy  but  bloodless  war  on  the  Aroostook,  which  was 
terminated  by  the  treaty  of  Washington.  But  some  of  his  quahties  of 
character,  and  forms  of  speech,  are  common  to  most  of  the  class  to 
which  he  belongs ;  and  the  nets,  knives,  and  other  gear,  are  in  general 
use. 

*  Potpie  of  sea-birds,  pudding,  and  pancakes — the  fisherman's  three  P.'s 
t  So  called  from  the  popular  belief  that  Captain  Kj  d  buried  two  hogsheadu  of  treasure 
there. 


85 


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88 

SALMON  FISHERY  OF  BRITISH  AMERICA^ 

The  salmon,  shad,  and  alewive  fisheries  are  not  embraced  in  the  plan 
of  this  report ;  but  a  brief  account  may  be  given  of  the  foiTner,  as  the 
most  important  of  these,  and  of  the  rivers  generally. 

Canada. — This  fishery,  at  the  present  time,  is  very  small.  In  1786, 
however,  the  export  was  considerable.  In  parts  of  the  country  where, 
in  former  years,  the  catch  was  large,  a  few  barrels  of  pickled  salmon 
only  were  shipped  in  1848.  In  the  Gulf  of  St.  Lawrence  there  were 
once  extensive  establishments  for  the  prosecution  of  this  business;  but 
some  have  been  broken  up,  and  others  have  become  unprofitable. 
Streams  that  half  a  century  ago  afforded  sufficient  for  domestic  con- 
sumption, and  thousands  of  barrels  for  export,  now  yield  only  hundreds 
of  barrels,  and  the  quantity  is  rapidly  diminishing. 

Nova  Scotia. — The  loyalists,  who  went  to  this  colony  at  the  peace  of 
1783,  depended  very  much  upon  this  fishery,  and  carried  it  on  to  ad- 
vantage. The  quantity  of  salmon  exported  for  some  years  was  suffi- 
cient to  purchase  many  articles  of  comfort,  and  to  save  them  at  times 
from  the  miseries  of  pressing  want.  The  salmon  has  entirely  disap- 
peared in  some  parts  of  the  colony,  and  has  ceased  to  be  plentiful  m 
all  of  its  rivers  and  streams.  The  export  of  salmon  caught  in  the  col- 
ony is  not  large.  The  whole  produce  of  the  fishery  in  1851  appears  to 
have  been  but  1,669  barrels. 

Newfou7idland. — The  fishery  is  still  worthy  of  attention,  as  reference 
to  the  accompanying  statistics  will  show.  The  export  in  1843  was 
even  larger  than  in  1814. 

Labrador. — Captain  Henry  Atkins,  of  Boston,  who  made  a  voyage 
to  Davis's  Straits  in  the  ship  Whale  in  1729,  and  who  visited  the  coast 
a  second  time  in  1758,  found  salmon  very  abundant.  In  "  Salmon 
river"  both  he  and  his  men  caught  many  while  wading,  and  with  their 
hands.  They  took  all  they  had  salt  to  cure,  and  one  that  measured 
four  feet  ten  inches  in  length.  Atkins's  account,  after  his  return,  seems 
to  have  induced  no  attention  to  the  fishery  on  the  part  of  his  townsmen. 
In  1831  the  exports  amounted  to  2,430  tierces  of  the  pickled  fish,  of 
the  value  of  $35,650. 

^New  Brunswick. — The  loyalists  and  other  early  settlers  found  the 
salmon  in  almost  every  river  and  stream  in  the  colony. 

At  present  it  is  never  seen  in  some,  is  becoming  scarce  in  most,  and 
is  of  importance  as  an  article  of  export  in  the  St.  John  alone. 

The  catch  at  Salmon  Falls,  in  the  St.  Croix,  thirty  years  ago  was 
two  hundred  in  a  day,  on  the  average,  for  three  months  in  a  year.  A 
person  standing  on  a  "jam  of  logs"  caught  there  at  one  time  one  hun- 
dred and  eighteen  with  a  dip-net ;  and  a  boy  fifteen  years  old  took 
about  five  hundred  in  a  season.  But  such  has  been  the  decline,  that  it  is 
said  only  two  hundred  were  taken  during  the  entire  year  of  1850  by  all 
who  engaged  in  the  business  on  the  river.  It  is  stated  that  the  dams 
erected  across  the  river  have  produced  this  change  in  the  fishery,  and 
facts  appear  to  sustain  the  position.  The  few  salmon  that  now  appear 
in  the  Oromocto,  the  Nashwaak,  the  Maduxnakeag,  and  the  Mispech, 
as  well  as  in  Emerson's  and  Gardner's  creeks,  in  Great  Salmon  river, 
and  Goose  creek,  is  attributed  to  the  same  cause.     In  two  or  three  of 


89 

the  streams  of  minor  size,  where  no  obstructions  exist,  and  where  the 
water  is  not  muddy,  the  pursuit  is  still  attended  with  some  success  and 
profit. 

In  some  other  places  the  fishery,  but,  for  the  wanton  and  lawless  de- 
struction of  the  fish,  without  reference  to  its  condition  or  the  season  of 
the  year,  might  be  carried  on  advantageously. 

To  the  people  of  the  city  of  St.  John  the  annual  catch  of  salmon  is  a 
source  of  gain.  The  fisheries  of  the  harbor,  by  a  provision  in  the  city 
charter,  belong  to  the  citizens,  or  "  freemen."  The  fishing  grounds  or 
stations  are  lotted  out,  and  sold  at  auction  every  year  for  the  benefit  of 
those  who  are  entitled  to  them  under  the  charter.  The  practical  fish- 
ermen are  the  purchasers.  The  lots  are  of  unequal  value,  and  some 
merely  nominal.  The  number  of  salmon  taken  at  St.  John  in  1850  was 
estimated  at  32,000,  which  sold,  whether  large  or  small,  at  the  con- 
tract price  of  one  dollar  each — except  a  small  part  for  city  consump- 
tion— to  be  packed  in  ice  and  sent  to  Boston.  Drift-nets  and  weirs  are 
used  in  the  fishery,  though  the  former  are  prohibited  by  law.  Fisher- 
men deprecate  the  use  of  torch  and  spear ;  but  both  are  sometimes  seen 
in  the  hands  of  lumberers  and  gentlemen  sporters.  The  salmon  is  found 
on  the  St.  John,  two  hundred  miles  from  the  sea,  and  on  several  of  its 
tributaries  nearer  to  the  ocean.  On  the  Nerepis,  one  of  its  branches, 
on  which  no  mill-dams  have  been  erected,  there  is  a  fishery  of  note— 
from  l,f500  to  2,000  being  taken  annually. 

It  will  be  seen  that  the  exportation  of  cured  salmon  from  New  Bruns- 
wick ceased  entirely  in  184S — the  whole  catch,  not  required  for  con- 
sumption, having  been  packed  in  ice,  and  shipped  fresh. 


Statistics  of  the  salmon  fishery. 
EXPORTS,  CANADA. 


Year 

Pickled. 

Smoked. 

Tierces. 

Barrels. 

Kits. 

No. 

1783 

304 

171S4 

221 

1786 

1,100 
;M8 
249 

2(W 
70 

253 

iH.Vi 

I'.CJ 
111 
120 

28 

47 

IKW 

184:{ 

1H48 

90 

Statistics  of  salmon  Jishery — Continued. 
EXPORTS,  NEWFOUM)LAND. 


Year. 


Pickled. 


Tierces. 


Value. 


1814 

1838 
1839 
1840 
1841 
1842 
1843 
1844 
1845 
1847 
1848 
1849 
1850' 


2,000 

$48, 000 

4,408 

66, 550 

2,922 

58,  460 

3,  396 

64, 695 

3,642 

61,510 

4,715 

68,  390 

4,058 

61,080 

3,753 

59, 725 

3,545 

63, 970 

4,917 

48,  910 

3,  822 

5,911 

1,950 

*  From  St.  John  alone. 
EXPORTS,  LABRADOR. 


Year. 

Pickled. 

Tierces. 

Value. 

1831 

2,430 

$35,650 

CAPE  BRETON,  PRODUCE. 


Year. 

Barrels. 

1647 

335 

1848 

295 

91 


Statistics  of  salmon  fishery — Continued. 
EXPORTS,  NEW  BRUNSWICK. 


Year. 


1819. 
1822. 

1827  . 

1828  . 

1829  . 
1830. 
1831  . 

mn . 

1833 
1834. 

18:}5, 

1836 

1837 

1838. 

1839. 

1840. 

1841 

1842 

1843 

1844 

1845 

1846 

1847 

1848 

1849 

1850 


Pickled. 


Barrels. 


362 


504 
295 
489 
776 
199 
692 
652 
160 
88 
30 
843 
930 
400 
804 
825 
879 
155 
479 
621 
311 
426 
175 


Kits. 


2,271 
2, 692 
1,725 
2,721 
2, 6:55 
2, 597 
2, 947 
2,151 
1,965 
5, 278 
4, 650 
1,120 
8, 261 
5, 600 
2,276 
2,653 
1,232 

855 
6,419 
1,261 
1, 529 

170 


Smoked. 


No. 


2,655 
2,531 
5,795 
5,350 
4,812 
4,897 
3,708 
4,  .596 
9,476 
6,  %4 
6, 073 


10,201 

1,0.59 

4, 853 

1,858 

900 

406 

80 

20 

2,243 

5,460 


Fresh. 


No. 


*32, 000 


*  A  proportion  of  the  annual  catch  has  been  exported  fresh  for  some  years,  but  the  quan- 
tity can  only  be  conjectured. 

IMPORTS  AND  EXPORTS,  NOVA  SCOTIA. 


Year. 

Imports. 

Exp 

orts. 

Barrels. 

Tiorcos. 

Barrels. 

Tierees. 

i7a5 

2, 850 
8, 0.53 
6,118 
5, 586 
2,011 
5,  055 
*6,412 

1845..     ..                                

4,251 
4,745 
3,716 
3,219 

1846 

1847 

208 

82 

538 

1848 

49 

1849 

1850 1 

aio 

I 

"From  Halifax  ulouo. 


93 

PART  III. 

UNITED  STATES, 

PLYMOUTH  COLONY. 

From  1620  until  the  union  ivith  Massachusetts  by  the  charter  of  William 

and  Mary,  1G92. 

After  long  and  patient  inquiry,  I  am  convinced  that  the  whole  truth 
as  to  the  motives  which  induced  the  Pilgrims  to  remove  from  Holland 
to  America  has  not  been  told  by  our  historians. 

The  sweet  poetess  asks,  "What  sought  they  thus  afar?"  and  herself 
replies,  not  "the  wealth  of  seas,"  but  "a  faith's  pure  shrine."  She 
has  expressed  the  sentiments  of  all.  But  is  it  so  certain  that  they 
"  sought"  not  both?  Of  the  men  of  their  time,  were  they  alone  exempt 
from  the  influence  of  the  fishing  mania  which  prevailed  throughout 
maritime  Europe?  Weary,  stricken,  homeless  exiles,  could  they  have 
lived  unmoved  by  the  spirit  around  them,  when  the  Dutch  fisheries* 
were  at  the  highest  point  of  prosperity,  and  when  every  one's  thoughts 
in  their  own  country  were  turned  to  the  planting  of  fishing  colonies  at 
Newfoundland  and  on  the  shores  of  New  England?  Our  continent  was 
discovered  in  1497,  by  Cabot;  and  from  the  moment  that  the  chron- 
icler of  his  voyage  made  known  to  the  people  of  England  that  our 
waters  teemed  with  fish — that  here  "were  great  seals,  and  those  which 
we  commonly  call  salmons  ;  and  also  soles  above  a  yard  in  length,  but 
especially  there  is  a  great  abundance  of  that  kinde  which  the  sauages 
call  haccalos  or  codfish" — down  to  the  year  1620,  as  we  have  seen  in 
the  first  and  second  parts  of  this  report,  the  intercourse  of  the  French 
and  English  with  tlic  northerly  seas  of  America  was  constant;  and  ot 
all  this  were  not  the  Puritans  as  well  informed  as  others?  Were  they 
ignorant  of  what  transpired  in  the  New  World  in  the  ten  years  immedi- 
ately preceding  their  flight  from  England,  and  during  the  ten  years  of 


*  It  is  said,  by  writers  of  authority,  that  in  th<'  ycjir  ISHO  the  Dutch  employed  one  tbou- 
Band  vessels  in  their  herrini,'  fiwhi-ry;  tlutt  tlif  nuiiilier  in  1(110  was  fiftrfii  iiuiulred;  and  that, 
at  the  time  the  l'il<Trims  emharkiMl  for  Aincrica,  it  was  iiuirc  two  tii(»iisan<l.  These  estimates 
are  extrnvat'aiit  eiionch,  surely.  Wliat  ."IimII  !)(■  thouuli'  "f  Sir  Walter  Ivalriyli,  who  set  the 
value  of  this  fishi-ry  annually  at  £l(i,(tOii,(iiiil.  (or  neaiiy  fifty  millions  of  dollars;)  or  of  De 
Witt,  who  said  that  I'vcry  fifth  jicrson  in  Hnlliiml  rarui'il  liis  sulisistcnce  by  it  ?  Yet  such 
Btatruiriits  wen-  Ixdit.'Vfd  at  tlio  tinif,  and  their  trniii  is  cdnlcndid  for  now. 

Nor  was  this  the  oidy  fishini;  cxcitcnii-nt  of  (he  l'ilt,'iinis' day.  In  Itil'J,  the  Dutch  st.iit 
whale-Hhi])s  to  the  (Jrecniand  sens,  Imt  the  Uritisli  considered  them  iiiterlii]iers,  and  com]ielled 
them  t4»  retire.  The  year  after,  Frencli,  Dutch,  and  S|i;tnisli  shijjs  at  SiulzhiMxen  were  for- 
bichlen  to  fish,  by  the  same  "lords  of  the  seas."  Itrilish  whalers,  as  is  stated,  went  anniMl  at 
this  period.  In  Kill?,  the  British  Unssia  (.'onijiany  received  a  mono|toly  of  the  whale  fisheiy, 
and  the  year  following'  a  c(»mj>auy  in  Holland  obtained  the  same  exclusive  ri>;ht.  In  HiJ"^,  the 
controversy  betweeu  tho  Uritisb  tmd  Dutch,  ou  the  subject  of  the  liabcrics,  tcnuiuatcd  in  a 
gCDural  war. 


94 

their  residence  In  Holland?  While  among  the  Dutch  they  were  neg- 
lected, if  not  unkindly  treated,  and  became  poor  and  unhappy.  Many 
places  to  which  to  emigrate  were  mentioned,  and  the  advantages  and 
disadvantages  of  each  were  amply  discussed.  As  soon  as  the  decision 
of  the  little  flock  was  made,  some  were  dissatisfied  and  withdrew.  The 
question  arises,  why  did  they  decide  to  come  to  America? 

I  have  no  space  to  argue  a  question  which  involves  so  many  inqui- 
ries, but  cannot  forbear  to  state,  In  a  few  words,  some  of  the  principal 
incidents  which  attended . their  coming  to  their  "wilderness  home." 
Omitting  to  notice  the  accounts  of  Amidas  and  Barlow,  who  explored 
the  southern  coast  of  the  United  States  In  15S4,  under  the  auspices  of 
Sir  Walter  Raleigh,  and  what  Is  said  of  Sir  Richard  Grenville's  expe- 
dition to  the  same  region  the  y('ar  following,  as  well  as  the  various 
other  enterprises  which,  in  several  particulars,  are  pertinent  to  the  sub- 
ject, we  come  at  once  to  the  voyage  of  Gosnold,  in  the  year  1602.  He 
was  the  first  Englishman  who  sailed  directly  across  the  ocean,  and  the 
first  who  attempted  to  make  a  settlement  within  the  limits  of  New 
England.  The  story  of  his  adventures  was  written  by  two  of  his 
associates.  Archer  and  Brereton,  and  published  In  London*  Immedi- 
ately after  his  return.  Of  Brereton  little  seems  to  be  known;  but  Gos- 
nold and  Archer  were  subsequently  prominent  among  the  early  settlers 
of  Virginia,  and  between  the  latter  and  the  celebrated  Smith  there  was 
a  long  and  a  desperate  quarrel.  From  Brereton's  narrative,  as  well  as 
from  the  tracts  appended  thereto,  it  appears  that  Raleigh  was  the 
patron,  perhaps  the  original  mover,  of  the  enterprise.  As  containing 
the  earliest  Information  of  Massachusetts  printed  in  England,  these 
papers  are  of  great  value.  The  attention  of  merchants,  of  fishermen, 
and  of  those  interested  in  colonization,  hitherto,  and  for  nearly  a  cen- 
tury, directed  exclusively  to  Newfoundland,  was  now  to  be  diverted,  in 
some  measure,  to  New  England.  The  results  will  appear  as  we  pro- 
gress. 

Arrived  on  our  coast,  Gosnold  anchored  near  land  which  he  called 
"Shoal  Hope;"  but,  catching  a  "great  store  of  codfish,"  he  changed 
the  name  to  Cape  Cod.t  While  there,  says  Archer,  "we  saw  sculls 
of  herring,  mackerel,  and  other  small  fish,  In  great  abundance."  Bre- 
reton, whose  account  Is  more  exact  and  definite,  remarks  with  much 
earnestness  upon  most  matters  connected  with  our  Inquiries.  "  Surely, 
I  am  persuaded,"  he  observes,  "that,  in  the  months  of  March,  April, 
and  JNIay,  there  is  upon  this  coast  better  fishing,  and  in  as  great  plenty,  as 
in  Neufoundland ;  for  the  sculls  of  mackerel,  herrings,  cod,  and  other 
fish,  that  we  daily  saw  as  we  went  and  came  from  the  shore,  were 
wonderful;  and,  besides,  the  places  where  we  took  these  cods  (and 
might  In  a  few  days  have  laden  our  ship)  were  but  seven  fathoms 
water,  and  within  less  than  a  league  of  the  shore,  when  In  Newfound- 
land they  fish  in  forty  or  fifty  fathoms  water,  and  far  off!" 

To  pass  the  observations  which  were  recorded  as  they  continued 
their  explorations,  we  find  in  the  tracts  appended  to  Brereton  the  pre- 

*Repiiblislied  in  Collections  of  Massachusetts  Historical  Society,  vol.  Sth  of  3d  series. 
t  Prince  Charles  changed  the  name  to  "  Cape  James,"  in  honor  of  his  father ;   but  Gos- 
nold's  appellation  has  been  preserved  to  the  present  time. 


95 

diction  that,  "forofmnch  as  merchants  arc  diligcjU  itiquhitors  after  gains ^ 
theijivUlsoon  remove  their  trade  from  Ncirfoundland''''  to  New  England,  where 
there  is  a  better  climate,  greater  security  against  the  depredations  of 
pirates,  and  less  expense  for  outfits,  shorter  voyages,  and  safer  harbors. 
The  writer,  anticipating  that  a  colony  would  soon  be  founded,  predicted 
further,  that  the  ships  o{' all  \he  nations  that  "have  been  accustomed  to 
repair  unto  the  Newfoundland  l()r  the  commodity  of  fish  and  oils  alone, 
will  lienceforth  forsake"  that  island,  "when  once  we  have  planted 
people  in  these  parts ;  by  whose  industry  shall  be  provided,  for  all  com- 
merce," the  products  of  the  sea,  "and  many  commodities  besides,  of 
good  importance  and  value."  Eighteen  years  elapsed;  the  Pilgrims 
anchored  off  the  same  "Shoal  Hope,"  and  settled  this  very  country. 

Pring  f()llowed  Gosnold,  and  explored  the  waters  of  Maine,  in  1G03. 
He  saw  and  named  the  Fox  islands,  in  Penobscot  bay,  and  found  good 
mooring  and  fishing.  Like  Gosnold,  he  considered  the  fish  which  he 
took  there  superior  to  those  of  Newfoundland.  He  made  a  second 
voj^age  three  j^ears  later;  and  Gorges  remarks  that  his  discovery  of 
the  eastern  part  of  New  England  was  perfect,  and  his  account  of  it 
accurate. 

Waymouth,  under  the  patronage  of  several  English  noblemen,  and 
other  persons  of  rank,  came  in  IGOo.  "A  True  Relation"  of  his  ad- 
ventures was  written  b}^  James  Rosier,  "a  gentleman  employed  in  the 
voyage,"  and  printed  in  London  in  the  same  year.  He  agrees  wdth 
those  who  had  preceded  him  in  every  essential  particular.  As  they 
departed  for  England,  they  caught  very  large  fish;  and  he  says  that 
those  on  board  of  the  ship,  who  were  familiar  with  the  business,  "would 
warrant,  (by  the  help  of  God,)  in  a  short  voyage,  w^A  a  few  good  fishers^ 
to  make  a  more  jirofitahle  return  from  hence  than  from  Ncufoundland ;  the 
fish  being  so  mnch  greater,  hetter  fed,  and  abundance  ivith  train,''''  &c.* 

Two  years  after  Waymouth's  return,  Lord  .Jolni  Pophain,  chief  jus- 
tice of  England,  George  Popham,  his  brother.  Sir  Ferdinando  Goi-ges, 
Sir  John  Gilbert,  his  brother  Raleigh  Gilbert,  (who  were  nephews  of 
Sir  Walter  Raleigh,  and,  I  suppose,  sons  of  Sir  Humphrey  Gilbert,  the 
original  patentee  of  Newfoundland,)  with  other  gentlemen  of  consid- 
eration, (h'terminfd  to  plant  a  colony  in  Maine,  and  near  the  fishing 
grounds  which,  in  the  judgment  of  Pring  and  Rosier,  promised  so  great 
rcwarris  to  adventurers.  George  Popham  was  appointed  the  president, 
and  Raleigh  Gilbert  admiral  of  the  expedition.  The  original  design 
was  to  settle  in  the  immediate  vicinity  of  the  island  of  Monhegan,  in 
Penobscot  bay;  but,  abandoning  this  plan,  a  small  island  was  selected 
nt  the  mouth  of  the  Kennebec,  where  Popham  and  his  associates 
landed  and  commenced  a  settlement.  SooU  removing,  however,  to 
the  main  land,  they  built  a  fort,  and  erected  a  storehouse  and  dwellings. 
The  death  of  the  two  Pophams  and  of  Sir  .Tolm  Gilbert,  the  return  of 
Raleigh  fJilbert  to  England,  the  loss  of  the  storehouse  by  fire,  and 
other  disappointments,  discouraged  the  colonists,  and  put  an  end  to  the 
enterprise. 


•  With  larger  livers — of  courae  affording  more  oil. 


96 

The  next  voyage  that  claims  our  attention  is  that  of  Smith,*  (so  often 
mentioned  as  the  father  of  Virginia,)  who  came  to  Maine  in  1614, 
caught  forty-seven  thousand  fish  within  twenty  leagues  of  Mohegan, 
and  explored  the  coast  from  Penobscot  to  Cape  Cod.  The  result  of 
his  observations  was  published  in  London,  in  1616.  This  work,  "writ 
with  his  oune  hand,"  was  of  greater  pretensions  than  the  tracts  of  the 
associates  of  Gosnold  and  Waymouth.  He  devotes  whole  pages  to 
the  subject  of  fishing,  and  argues,  as  the  previous  voyagers  had  done, 
tfiat  the  seas  of  New  England  were  far  preferable  to  those  of  New- 
foundland; and  he  labors  the  point,  and  repeats  it  even  to  tediousness. 
He  institutes  comparisons  between  the  fishing  grounds  of  the  two  re- 
gions ;  and  all  the  details  respecting  the  necessary  wood,  iron,  pitch, 
tar,  nets,  leads,  salt,  hooks  and  lines,  and  articles  of  provision,  are  given 
with  great  minuteness.  Smith  perceives,  indeed,  that  he  must  excuse 
himself  to  his  readers,  and  thus  apologises:  "But  because  1  speak  so 
much  of  fishing,  if  any  one  take  me  for  such  a  devout  fisher,  as  I  dream 
of  naught  else,  they  mistake  me." 

In  reading  the  accounts  of  Archer,  Brereton,  Rosier,  and  Smith,  the 
thought  has  often  occurred  to  me  that,  for  some  reason  or  other,  the 
writers  owed  Newfoundland  a  sort  of  spite,  and  were  determined  to  write 
that  island  down,  and  to  write  their  favorite  country  up.  Smith,  I  think, 
especially  strives  to  accomplish  this  end.  He  was  a  man  who  left  his 
mark  everywhere.  He  had  roved  over  Europe,  and  had  fought  on  the 
side  of  Austria  against  the  Turks ;  and  he  was  now  fresh  from  James- 
town, and  the  preservation  of  his  life  by  the  beautiful  Pocahontas  still 
excited  the  public  mind.  His  romantic  adventures,  his  chivalrous 
character,  and  his  energy  of  purpose,  gave  him  commanding  influence. 
He  had  set  his  heart  on  founding  a  colony  in  "North  Virginia,"  (as 
New  England  was  called  until  his  voyage  in  1614,)  and  seems  to  have 
thought  that  he  could  best  accomplish  his  design  by  dwelhng  upon  the 
superior  advantages  of  its  coasts  for  fishing.  "If  Newfoundland,"  he 
reasons,  "doth  yearly  freight  near  eight  hundred  sail  of  ships  with  a 
silly,  lean,  skinny,  poor-John,  a7id  cor-Jish,''^  and  those  who  adventure 
there  "can  gain,  though  they  draw  meat,  drink,  and  clothes,"  and  all 
the  necessary  gear  and  outfits,  from  "second,  third,  fourth,  or  fifth 
hand,  and  from  so  many  parts  of  the  world,  ere  they  come  together  to 
be  used  in  this  voyage;"  and  if  "HoUand,  Portugale,  Spaniard,  French, 
or  other,  do  much  better  than  they,"  why  doubt  of  success  in  going  to 
New  England,  "where  there  is  victual  to  feed  us,  wood  of  all  sorts  to 
build  boats,  ships,  or  barques,  the  fish  at  our  doors,  pitch,  tar,  masts, 
and  yards  ?"  "  Oi  all  the  four  parts  of  the  world  that  I  have  yet  seen,''''  he 
observes,  '■'■not  inhabited,  I  should  rather  live  here  than  anywhere.^'' 

His  publications  on  the  subject  of  New  England  were  numerous.  The 
third,  or  fourth,  was  printed  in  1620,  and  treated  of  the  "successe  of 
twenty-six  ships"  employed  in  fishing  there  "within  these  sixyeares;" 
and  the  last,  published  in  1631,  (the  year  of  his  death,)  gave  an  ac- 

*Captam  John  Smith  was  born  in  Lincohishii'e,  England,  in  1579.  He  was  an  adventurer  in 
almost  every  part  of  the  world.  His  several  works  on  American  colonization  are  of  great 
value.  For  his  services  and  suffeiings  in  the  New  World  he  received  no  recompense.  Ho  died 
in  London,  in  1631. 


count  of  "tlie  ycarrlv  proceedings  of  this  countr}^  in  fisln'ng  nnd  plant- 
ing," from  1014  to  16:J0. 

What  conclusions  may  we  fairly  draw  fi-om  these  facts  ?  In  the 
second  part  of  this  report  we  have  seen  that  at  the  very  time  the  Pil- 
grims embarked,  a  company  chartered  by  James  claimed  the  sole 
ownership  of  the  American  seas,  jind  that  a  great  excitement  existed 
in  Engbind  in  consequence  of  this  monopoly;  ;ind  we  have  here  seen 
tliat  accounts  of  Gosnold's  voyage  had  been  printed  eighteen,  and  of 
Waymouth's  fifteen  years.  Is  it  possible  to  escape  the  conviction  that 
our  lathers  knew  and  acted  upon  a  knowledge  of  all  these  things? 
That  they  were  in  possession  of  Smith's  map,  and  some  of  his  books, 
we  have  his  own  express  declaration  ;  while  in  his  last  work,  pul)lished 
eleven  years  after  their  settlement  at  Plymouth,  he  speaks  of  their 
^Uhmki/ig  (o  Jiride^'  matters  '■'■hettcr  than  he  had  advised  them;''''  and  he 
evidently  plumes  himself  upon  the  idea  that  he  had  been  an  efficient 
instrument  in  directing  theii-  emigration  to  the  land  he  had  praised  so 
much,  and  had  striven  so  hard  to  people.  In  the  chapter  headed 
**New  England's  yearly  trials — The  planting  new  Plimouth — Sup- 
prisals  prevented — Their  wonderful  industry  and  fishing,"  he  dis- 
courses about  the  English  ships  that  had  made  "exceeding  good  voy- 
ages" on  the  coast;  and  adds,  seemingly,  as  the  results  produced  by 
their  success,  that  "at  last,  upon  these  inducements,  some  well-disposed 
Brounists,*  as  they  are  tearmed,  with  some  gentlemen  and  merchants 
of  Layden  and  Amsterdam,  to  save  charges,  would  try  their  oune  con- 
clusions, though  with  gieat  losse  and  much  miserie,  till  time  had  taught 
them  to  see  their  oune  error;  for  such  humorists  will  never  beleeve 
well,  till  they  bee  beaten  with  their  oune  rod."  In  the  next  chapters 
he  refers  to  their  prosperous  condition,  (1624,)  and  says:  "Since  they 
have  made  a  salt  worke,  wherewith  they  preserve  all  the  fish  they 
take,  and  have  frnughted  this  yeare  a  ship  ot"  an  hundred  and  four  score 
tun,  living  so  well,  they  desire  nothing  but  more  company;  and  what- 
ever they  take,  relurne  commodoties  to  the  value."  The  declarations 
of  this  distinguished  pioneer  of  civilization  in  this  hemisphere  are  en- 
tilled  to  respect,  and  in  almost  any  other  case  would  be  considered  as 
conclusive. 

But  there  is  otlier  evidence.  Weston,  an  English  merchant  engaged 
in  the  fisheries,  who  soon  after  the  settlement  of  Plymouth  attempted 
to  found  a  rival  colony  at  Weymouth,  and  who  cariie  in  person  to  New 
England  to  correct  the  irregularities  of  his  fishermen,  had  muc-h  influ- 
ence in  directing  the  afiairs  of  the  Pil^riuis,  and  in  sck^cting  the  place 
to  whicii  th(y^  should  reuK^ve  from  Holland.  lie  made  them  an  ad- 
vance in  money,  engaged  to  provide  vessels  for  their  voyage,  and  ad- 
vised them  to  come  to  that  part  of  America  witli  wliich  he  kept  up  an 
intercourse,  "as  for  other  reasons,  so  ch'ujhj  for  the  hope  of  present  l^ofit 
to  he  made  l>y  fsh'niiry  And,  besides,  we  know  tiiat  they  entered  into 
a  sort  of  copartnership  indenture  with  merchrmts,  who,  like  Weston, 
made  them  advances,  and  agreed  to  allow  these  merchants  a  share  or 
the  fruits  of  th<-ir  industry.  Tliis  iiuhiiiure  ]>rovides  in  terms  \\)V  the 
prosecution  oftjie  fisheries  and  tlic  cinployiiieiit  ot"  fishermen;  and  the 


*  Oae  of  the  oaiueH  of  tli<.-  rurituuii. 


98 

Sfeeclicdl — lliat  craz.y,  leaky  bark-— was  ■  bought  for  tne  purpose  of 
comphnng  with  this  stipulation.* 

Stilf  turlher.  And  to  settle  the  question,  we  may  refer  to  "A  brief 
Narrative  of  the  true  grounds  and  causes  of  the  first  planting  of  New 
England,"  by  Edward  Winslow,  one  of  the  most  distinguished  of  their 
number,  and  who  succeeded  Bradford  as  their  governor.  No  original 
copy  of  this  tract  is  supposed  to  be  in  America;  but  a  few  years  since 
the  Rev.  Mr.  Ellis,  of  Charlestown,  found  one  in  a  printed  volume  in 
the  British  museum,  copied  it  for  the  Rev.  Dr.  Young,  who  has  placed 
it  in  the  "Chronicles  of  the  Pilgrims." 

Winslow,  in  this  narrative,  speaks  of  an  interview  between  King 
James  and  the  agents  of  the  Puritans  who  went  over  to  England  irom 
Leyden  in  1618  to  solicit  his  consent  to  their  going  to  America.  The 
monarch  asked  them,  "  What  profit  might  arise  ?"  He  was  answered 
in  a  single  word — "Fishing."  Whereupon  James  replied:  "  So  God 
have  my  soul,  'tis  an  honest  trade ;  'twas  the  Apostle's  own  calling."f 

Can  anything  be  more  conclusive? 

Having  arrived  in  the  country  which  they  had  sacrificed  so  much 
to  reach,  (though  north  of  the  place  of  their  destination  on  leaving  Hol- 
land,) what  did  the  Pilgrims  do? 

*The  partuers  of  the  Pilgrims  in  England  were  mimerocs.  They  made  a  conditional  sals 
of  their  interest  in  the  property  at  Plymouth  in  October,  1626,  which  was  completed  in  1627, 
The  contract  was  between  Isaac  Allerton,  agent  of  the  Pljiuouth  settlers,  and  forty-two  per- 
sons, who  style  themselves  "  adventurers  to  New  Plymouth,  in  New  England,  m  America." 
Governor  Bradfoi'd,  in  commenting  upon  the  temis  of  the  bargain,  says  that  "  we  were  bound 
tJiereby  to  forfeit  thirty  shillings  a  week  for  overy  week  that  we  failed  of  dae  payment"  at  tlio 
times  specified.  The  purchase  money  was  £1,800  sterling,  in  instalments  of  £200  annually, 
"  on  the  feast  day  of  St.  Michael." 

t  The  "  Mysteries,  Moralities,  Farces,  and  Sotties"  of  the  Eoman  church  conld  not  have 
been  unknown  to  King  James.  Some  account  of  them  is  preserved  in  the  "  Cm'iosittes  of 
Literature." 

"It  appears,"  says  D'Israeli,  "that  the  Pilgi-ims  introdnced  these  devout  spectacles.  Those 
who  returned  from  the  Holy  Land,  or  other  consecrated  places,  composed  canticles  of  their 
travels,  and  amused  their  religious  fancies  by  interweaving  scenes,  of  which  Christ,  the  Apos- 
tles, and  other  objects  of  devotion,  served  as  the  themes."  He  remarks  further,  that  "  these 
spectacles  served  as  the  amusement  and  the  mstniction  of  the  people.  So  attractive  were 
these  gross  exhibitions  in  the  dark  ages,  that  they  formed  one  of  the  principal  ornaments  of 
the  reception  which  was  given  to  princes  when  they  entered  towns.  When  the  mysteries  were 
performed  at  a  more  improved  period,  the  actors  were  distinguished  characters,  and  fre- 
quently consisted  of  ecclesiastics  of  the  neighboring  villages,  who  incoi-porated  themselvea 
under  the  title  of  Confreres  de  la  Passion." 

John  Bouchet  mfoims  us  that  he  saw  one  of  these  mysteries  performed  at  Poitiers  in  great 
trimnph  and  splendor,  and  that  most  of  the  ladies  and  gentlemen  of  the  neighboring  coimtries 
were  present.  It  was  called  "  The  Nativity,  Passion,  and  Kesurrection  of  Christ."  Another 
of  the  mysteries  had  for  its  subject  the  election  of  an  apostle  to  supply  the  place  of  the 
traitor  Judas.  In  this,  Anne  and  Caiaphas  are  introdnced,  conversing  about  St.  Peter  and  St. 
John: 

''Anne.  I  remember  them  once  very  honest  people.  They  have  often  brought  their  fish  to 
my  house  to  sell." 

"  Caiaphas.  Is  this  true?" 

''Anne.  By  God  it  is  trae:  my  servants  remember  them  very  well.  To  live  more  at  their 
ease  they  left  off  the  business;  or  perhaps  they  were  in  want  of  customers.  Since  that  time 
they  have  followed  Jesus,  that  wicked  heretic,  who  has  taught  them  magic :  the  fellow  under- 
stands necromancy,  and  is  the  greatest  magician  alive,  as  far  as  Rome  itself." 

According  to  Lord  Woodhouselee,  (late  professor  of  civil  history,  and  Greek  and  Hebrew 
antiquities,  in  the  University  of  Edinburgh,)  these  mysteries  were  the  first  dramatic  represent- 
taions  known  in  Europe.  They  were  acted,  he  says,  in  his  Universal  History,  by  the  monks 
in  their  churches.  They  originated  in  the  12th  century,  and  continued  to  be  performed  in 
England  even  to  the  16th  century.  In  the  reign  of  Henry  the  8th,  the  Bishop  of  LondoB 
proiiibited  the  performance  of  any  plays  or  interludes  in  churches  or  chapels. 


99 

Thn  rccnrds  of  their  sojourn  at  C;ipe  Corl — the  "  Phoal  Hope"  of 
Gosnold — show  that  thc}^  were  not  onl}'  anxious  to  settle  on  the  coast, 
but  on  such  particular  parts  of  it  as  would  afford  them  the  surest  re- 
wards for  searching  the  seas.* 

Nothing  in  our  history  is  more  certain  than  this;  hut  I  have  not  room 
to  go  into  the  evidence.  Their  good  pastor,  Rol)inson,  who  was  the 
soul  of  the  un(hn-taking,  never  joined  them;  but  his  sons  did;  and  as 
one  of  them  settled  at  Cape  Ann,  and  another  fixed  his  abode  at  Scitu- 
ate,  we  may  conclude  that  they  designed  to  follow  the  "honest  trade" 
of  fishing.  We  mny  close  the  discussion  with  the  sentiment  thnt  our 
fisheries  should  be  dcnr  to  the  American  people  because  of  the  hallowed 
names  connected  with  their  origin,  and  should  be  thought  worthy  of 
national  protection  for  this  reason  alone. 

True  to  their  mdenture  with  the  English  merchants,  we  are  now  to 
find  that  the  Pilgrims  embarked  at  once  in  the  fisheries. 

Singular  to  observe,  earl}^  in  the  spring  after  their  arrival  an  Indian, 
to  their  "no  small  amazement,"  came  boldly  in  among  them,  and  said: 
"  Welcome,  Englishmen,"  in  their  own  language.  His  name  was 
Samoset.  He  was  followed  in  a  few  davs  bv  another,  who  was  called 
Squanto,  or  Tisquantum.  Both  had  been  acquainted  with  the  English 
who  had  fished  on  the  coast,  and  could  even  tell  the  names  of  the  mas- 
ters and  fishermen  of  the  ships.  The  latter,  indeed,  had  been  carried 
to  England  b}^  a  vessel  that  fished  at  INfonhegan,  and  had  lived  with 
a  London  merchant  two  years.  S(]uanto  served  them  faithfully  till 
the  end  of  his  life.  He  instructed  them  in  the  manner  of  taking  fish, 
of  planting  corn,  and  of  manuring  the  ground  wath  alewives  ;  and  acted 
as  their  guide  in  their  journeys. 

In  the  spring  of  1622,  the  settlers  w^cre  in  a  fimishing  condition. 
Fortunate!}'  a  boat  from  one  of  Weston's  fishing  vessels  (the  Sj)arrow) 
came  into  the  harbor,  and  gave  information  that  thirty  English  ships 
were  then  engaged  in  making  fares  at  Monhegan.  Edward  Winslovf 
departed  immediately  for  that  island  to  procure  a  supply  of  provisions. 
The  fishermen  had  no  food  to  spare,  and  refiised  to  sell,  but  fr(^ch'  gave 
sufficient  to  relieve  the  pressing  wants  of  their  Plymouth  brethren; 
regretting,  says  Winslow,  that  their  store  was  small,  and  that  they 
could  not  express  their  love  by  a  more  liberal  contribution.  He  re- 
turned with  all  convenient  speed.  "I  found,"  he  remarks,  "the  state 
of  tlie  colony  much  \veaker  than  when  T  left  it;  for  till  now  we  were 
never  without  some  bread,  the  want  whereof  much  abated  the  strength 
and  flesh  of  some,  and  swelled  others."  To  answer  the  charge  of 
negligence  in  suffering  extreme  destitution  in  a  country  represented  to 
abound  with  fish  and  fowl,  he  adds:  ^^ For  thnugk  our  haij  and  creeks 
tcere  full  of  hufts  and  oIJk r  fisJi,  yet,  for  vanf  of  fit  and  strong  seines  and 
other  netting,  they,  for  the  viosl  yart,  hrahc  through,  and  carried  all  airaij 
hefnre  them.     And  though  the  sea,  were  full  (f  rod,  ijet  we  had  neither  tack- 


•  Afrcr  tlio  PilirriinH  ha<l  hold  a  Kolcinn  (•onsiiltjitinn  rfspiTtin^;  their  final  R(>ftlfiiiciif,  a  part 
of  them  weri'  (lixiKiirj-ii  td  Kcjcct  a  phice  which  tli''y  ciiiicd  Cdld  Fliirhur,  (between  Tnii-o  and 
Welltleet,  (Ja[te  (Uii\\)  l)eeaiiH<',  anmn^  otlier  \\\\\\iifi,"  it  srcwitl  to  offer  sonic  otlnniliiirs  hotli 
f,>r  irlitiJr  anil  coil-Jis/irrji."  Otiiers  "  insisted  that  iliey  shiiiild  jiroceed  ahoiit  twenty  h-asnes 
further,  til  a  placo  called  Agawain,  (tji.iw  Jpswieii,)  n  liarbor  icltkh  iras  lifioisn  to  Ji;<licniuii  iclio 
had  been  on  the  coast." 


100 

ling  nor  halsers  far  our  shallops.  And,  indeed,  had  we  not  been  m  a 
place  where  divers  sort  of  shell-fish  are,  that  may  be  taken  with  the 
hand,  we  must  have  perished,  unless  God  had  raised  some  iinknowB 
or  extraordinary  means  lor  our  preservation."  These  are  interesting 
facts,  and  afford  us  accurate  knowledge  of  what  was  passing  on  the 
fishing  gi'ounds  of  Maine,  as  well  as  allow  us  to  chronicle  an  instance 
of  praiseworthy  humanity  on  the  part  of  the  fishermen,  and  explain 
the  causes  of  the  distress  for  food  which  prevailed  at  Plymouth. 

While  thus  destitute,  the  Charity  and  the  Swan,  two  other  of  Wes- 
ton's ships,  entered  the  harbor,  with  some  fifty  or  sixty  men,  who,  re- 
lates Winslow,  "were  received  into  our  town  with  whatsoever  courtesy 
our  mean  condition  Avould  affiird." 

The  calamities  of  the  Pilgrims  were  not  at  an  end.  In  1623,  with- 
out relief  from  abroad,  they  were  reduced  to  a  single  boat;  "and  that," 
writes  the  quaint  Hubbard,  "none  of  the  best."  Yet  "iV  was  the  jiTin- 
cipal  supjwrt  of  their  lives,''''  for  "it  helped  them  to  improve  the''het 
wherewith  they  took  a  multitude  of  bass,  which  was  their  livelihood 
all  that  year."  "Few  countries,"  he  continues,  "have  this  advantage. 
Sometimes  fifteen  hundred  of  them  have  been  stopped  in  a  creek,  and 
taken  in  a  tide.  But  when  these  failed,  they  used  to  repair  to  the 
clam  banks,  difreins:  on  the  shores  of  the  sea  for  these  fish."  Neal's 
account  is  similar.  It  is  certain  that  they  possessed  but  one  boat,  and 
one  net.  Such  were  their  resources  to  prevent  absolute  starvation; 
and  as  they  spread  a  part  of  the  fish  they  caught  upon  their  corn  lands 
as  manure,  they  were  compelled  to  watch  these  fields  at  night,  during 
seed  time,  to  preserve  them  from  the  depredations  of  wolves. 

The  only  people  near  them  were  Weston's  fishermen  at  Weymouth. 
But  in  the  course  of  the  year,  the  colony  there  was  abandoned.  Some 
perished  of  hunger ;  one  exhausted  his  httle  strength  in  crawling  to  a 
clam  bank,  and  died  upon  it.  Of  the  survivors,  a  part  subsisted  by 
stealing  from  the  Indians,  and  others  endeavored  to  reach  Monhegan, 
thence  to  embark  for  England.  Weston,  hearing  of  these  disasters, 
and  anxious  to  ascertain  the  condition  of  his  affiiirs,  came  over  in  one 
of  his  own  fishing  vessels,  disguised  as  a  blacksmith.  He  w^as  ship- 
wrecked, stripped  by  the  Indians,  and  barely  escaped  with  his  liie. 
Strange  are  the  vicissitudes  of  human  condition:  he,  the  English  mer- 
chant, who,  in  the  day  of  his  prosperity,  had  been  the  adviser  and 
patron  of  the  weary  and  stricken  Pilgrims,  now  presented  himself  be- 
iore  them  at  Ph-mouth,  in  garments  borrowed  to  cover  his  nakednesSj 
a  broken  and  ruined  man! 

The  period  of  extreme  need  soon  passed  away.  In  1624  they  sent 
a  ship  to  England  laden  with  fish,  cured  with  salt  of  their  own  manu- 
facture, and  the  year  following  despatched  two  others  with  fish  and 
furs ;  but  one,  when  near  the  English  coast,  was  captured  by  the  Turks. 
In  1626  they  opened  a  trade  with  the  fishing  vessels  at  Monhegan,  and 
commenced  voyages  to  different  parts  of  Maine  to  procure  fish  and 
furs ;  and  two  years  later,  we  find  them  selling  both  corn  and  the  pro- 
ducts of  the  sea  to  the  Dutch  on  Hudson's  river.  Meantime,  the 
irregular  and  licentious  course  of  the  English  fishermen  upon  the  coast 
had  been  stated  in  terms  of  earnest  complaint  by  Governor  Bradford, 
in  a  letter  to  the  council  that  claimed  the  country  and  its  fishing 


101 

grouR(^s.  Meantime,  too,  West,  commissioned  by  ihis  council  to  levy 
a  tax  upon  vessels  that  were  found  fishing  or  trading  witliin  the  limits 
of  their  domains,  had  appeared  at  Plymouth  to  execute  his  duties;  but 
unable  either  to  collect  tribute  money,  or  to  obtain  a  recognition  of  the 
rights  of  his  principals,  he  had  departed  the  seas,  insulted  and  dis- 
comfited. 

The  Pilgrims  may  have  built  their  first  vessel  in  1G41.  Their  cir- 
cumstances considered,  this  was  an  affair  of  greater  moment  than  the 
construction  of  a  first-class  packet- ship  at  the  present  time.  This 
barque  was  of  but  forty  or  fifty  tons,  and  the  cost  was  estimated  at 
only  .£200 ;  3'et  there  were  tliirteen  owners  and  a.  building-committee 
of  tour.  The  name  has  not  been  preserved.  The  same  year,  Mr. 
John  Jenny  was  allowed  certain  priviU^ges  at  Clarke's  island,  to  make 
salt,  wliich  he  was  to  sell  to  the  inhabitants  at  two  shilUngs  the  bushel; 
and  "  the  herring  wear  was  let  for  three  years  to  three  persons,  who 
Bie  to  deliver  the  shares  of  herrings,  and  to  receive  one  shilHng  and 
sixpence  the  thousand  for  their  trouble."  Still  further  to  promote  the 
manuficture  of  salt,  the  use  of  thirt\^  acres  of  land,  at  the  island,  was 
granted,  in  1642,  "to  the  five  partners,  for  twenty-one  years;"  and 
about  the  same  time,  leave  was  given  to  William  Paddy  and  John 
Hewes  to  erect  fishing-stages  at  a  place  which  yet  retains  the  name  of 
"Stage  Point." 

Previous  to  16-50  the  people  of  Hull  were  allowed  to  seine  fish  at 
Cape  Cod;  but  some  u-regularities  having  occurred,  the  Plymouth 
court  passed  an  order  of  interdiction,  and  limited  the  fishery  there  to 
persons  belonging  to  the  towns  of  Plymouth,  Duxbury,  and  Nauset, 
under  restrictions  intended  t9  insure  an  "orderly  course  in  the  manage- 
ment of  it." 

Subject  to  continual  anno3'ance  and  interruption  b\'  the  fishermen  of 
Mfissachusetts,  the  court,  in  166S,  directed  that  a  communication  should 
be  sent  to  the  government  of  that  colony  "  to  request  them  to  take  some 
eflfectual  care  for  the  restraint  of  this  abuse,  as  much  as  may  be."  The 
property  at  Plymouth  was  "rated"  the  same  year.  All  persons  "en- 
gaged about  fishing"  were  "valued  at  twenty  pounds  estate."  This 
was  high;  inasmuch  as  Edward  Gra\',  whose  stock  in  tiade  was  the 
most  v.-duable,  was  rated  only  "six  score  pounds." 

In  1670,  a  valuation  was  made  of  the  "fish-boats,"  and  four  were 
estimated  at  twenty-five  pounds  each.  Though  called  boats — and 
I  suppose  without  decks — many,  probably,  w'cre  of  several  t(ms  bur- 
den, and  could  be  safely  ern[)loyed  al  a  disf;ince  from  shon\  The 
fisheries,  at  this  period,  were  considered  as  well  established,  and  were 
steadily  and  profitably  pursued. 

Filiy  years  had  now  elapsed  since  the  settlement  of  Plymouth.  The 
countiy,  l)ack  from  the  sea,,  wtts  yet  a  wilderness.  A  generation,  born 
in  the  colony,  had  attained  manhood,  j{('lii::i()us  worship  was  main- 
tained in  aj]  the  towns,  but  there  were  no  jniblic  schools.  Vv.w  of  the 
Mayfl(»wer  i'ilgrims  were  then  alive;  and  the  number  of  educated  per- 
sons was  sm.iU.  A  propfisition  had  l)een  made,  as  appears  by  the  pro- 
ceedings of  the  court,  to  provide  schoolmasters  "to  train  up  children  to 
reading  and  writing;"  l)nt  widiout  results.  The  profits  of  the  mackerel, 
bass,  imd  herring  fisheries  at  Cape  Cod,  wore  now  granted  to  fbuud  a 


102 

FREE  school;  and  in  1671,  under  Jolm  Morton  as  teacher,  and  Thomas 
Hinckley  as  steward  ot"  the  fund,  such  a  school  was  opened  in  the 
colony.  This  is  a  most  interesting  incident;  the  Cape  which  afforded 
the  first  shelter  to  the  fathers,  supported  the  first  public  seminary  for 
the  education  of  the  children! 

Morton,  who  was  a  nephew  of  the  secretary  of  the  colony,  proposed 
merely  to  teach  the  youth  of  o7is  town  "to  read,  write,  and  to  cast  ac- 
counts." But  a  grammar-school  was  soon  established  in  Plymouth; 
and  several  were  actually  in  operation  in  other  places  as  eai"ly  as  the 
year  1680. 

The  fisheries,  I  conclude,  were  considered  pubhc  property,  and  were 
generally  leased  to  individuals  for  the  benefit  of  the  colony,  or  of  par- 
ticular towns.  The  subject  of  "rents"  and  of  "profits"  is  continually 
referred  to  in  the  records,  and  orders  to  grimt  leases  to  petitioners,  or 
to  protect  lessees  in  the  enjoyment  of  the  privileges  stipulated  in  the 
covenants  with  them,  are  of  frequent  occurrence.  An  ordinance  of  the 
lattfr^r  description  of  extreme  severity  was  passed  in  167S — the  court 
directing  that  all  fishing  vessels  not  belonging  to  the  colony  should  be 
seized  lor  public  use  by  warrant  from  the  governor,  or  one  of  his  as- 
sistants, and  that  the  lessees  of  the  colony  fisheries  should  be  entitled 
to  damages,  to  be  paid  them  out  of  the  proceeds  of  the  vessels  seized 
and  confiscated.  The  people  of  IMassachusetts  were  alone  exempted 
from  the  penalties  of  this  extreme  measure. 

Randolph,  the  first  collector  of  the  customs  of  Boston,  gave  a  general 
account  of  the  different  Nev/  England  colonies  at  this  period,  and  said 
of  "New  Ptyraouth"  that  the  people  were  principally  "farmers,  gra- 
ziers, and  fisJiermen  ;"  that  there  were  "very  few  merchants,  tliey  being 
suppfied  with  all  foreign  commodoties  from  Boston;"  and  that  "they 
have  no  ships  of  bm-den,  but  only  small  ketches  and  barkes,  to  trade 
along  the  coast,  and  take  fish." 

The  colony  of  Plymouth  was  united  Virith  Massachusetts  by  the 
charter  of  William  and  Mary  in  1692,  and  a  separate  notice  of  its  fish- 
eries accordingly  ceases  at  that  date. 

John  Aid  en,  the  last  of  the  Pilgrim  band,  died  only  five  years  pre- 
viously. He  fived  in  America  sixty-seven  years  ;  and  m  every  admin- 
istration during  the  whole  time  he  participated  in  public  affairs. 

To  regard  his  connexion  with  our  subject  as  merely  official,  his  re- 
lations commenced  with  the  first,  and  terminated  only  Avith  the  last,  of 
the  incidents  tha,t  I  have  here  recorded.  But  we  know,  besides,  that 
his  private  interest  in  the  "  wealth  of  seas"  and  in  general  trade  was 
often  extensive. 

Sufficient  has  now  been  said  to  sho"w  the  general  course  of  affairs 
among  our  fathers,  and  to  connect  the  branch  of  industry  under  notice 
with  some  of  the  most  hallowed  names  in  our  annals.  Mark  Antony,* 
— ^« — ^ . — _ 

*  The  Eomans,  lite  the  Egyptians,  csrried  the  art  of  rearing  fish  to  great  perfection ;  and 
almost  every  rich  citizen  had  a  tish-poud.  At  some  of  their  feasts  a  thousand  of  the  choicest 
fishes  were  set  upon  their  tables ;  and  at  a  supper  given  to  Vitellius  by  his  brother,  there  was 
double  that  nimiber  provided  for  the  guests.  It  was  a  custom,  at  oiie  time,  to  caiTy  the  dol- 
phin to  their  eating-rooms  alive,  in  order  to  glut  their  eyes  with  the  changes  of  its  color  whea 
djing.  They  were,  perhaps,  the  most  seusual  and  liLxurious  people  who  have  ever  lived. 
Their  gormandizing  habits  may  be  seen  from  the  ckcumistance  of  Juli.u3  Csesai-'s  haviug  takea 


103 

who  wa-s  a  koon  fisher,  was  told  by  Cleopatra  to  "leave  fishing  to  us 
petty  princes  of  Pharos  and  Canopus."  Leave  it,  is  the  sentimtuit  oftoo 
many  of  our  eonnrrymeii,  to  "  tlie  ignorant,  the  si][)erstitious,  ;ind  the 
improvident;"  and  a  single  remark  more  may  not,  therefore,  be  ill- 
timed. 

Bradfvird  and  Winslow,  both  of  whom  were  governors,  with  Alden, 
Standish,  Brewster,  Allerfon,  and  Rowland,  as  assoei;ites,  M'ere  not 
onl}'  lessees  of  fisheries,  but  of  the  whole  commerce  of  the  colony  for  a 
term  of  years. 

These  were  nil  ISfnyflower  Pilgi'ims,  and  all  signers  of  the  compact 
at  Cape  Cod,  before  the  landing,  in  which  the  great  principle  that  the 
*'majorit^^  shall  govern"  is  recognised.  Of  Allerton,  indeed,  we  may 
speak  as  of  a  regular  dealer  in  fisli  and  furs,  since  we  find  thatheow^ned 
vessels,  conducted  a  fisheiy  at  Marblehend,  made  voyages  to  diflerent 
parts  of  Maine,  €^tahlislied  a  trading-house  far  within  territory  claimed 
as  Acadia,  and  in  Connecticut  received  products  of  the  sea  for  sale  on 
a  share  of  the  profits.  In  fine,  he  was  one  of  the  most  active  and  en- 
terprising men  of  his  day,  and,  though  devoted  to  trade,  was  employed 
in  arranging  tlie  most  dillicult  concerns  of  the  colony  bv)tli  at  home  and 
in  England.  To  cross  the  ocean  two  centuries  ago  was  a  matter  of 
vast  moment,  but  Allerton  visited  the  country  of  his  birth  no  less  than 
five  times  in  the  brief  space  of  four  years. 

Such,  in  conclusion,  were  some  of  the  men  who  devoted  time  and 
txilents  to  a  business  tii  only  for  "  the  ignorant,  the  superstitious,  and 
the  improvident." 


a  vomif  before  suppiiiir  viith  Cicero,  the  Ix'tter  to  make  an  enonnous  meal.  When  one  of  the 
Bf-oics  saw  The  workfi  of  Lueullus  on  the  seacoast — the  immense  eelhu's  and  vaults,  fisli-ixmds 
mid  re-servoir.s,  \v)iie)i  he  had  eoiis/rueted — he  called  liim  "  Xerxes  in  a  gown."  And  Cato,  tho 
censor,  in  complaining  of  his  coinitrymeu,  said,  "It  was  a  hard  matter  to  save  Rome  from  ruiu, 
%vhen  a  fish  was  sohl  for  more  rhaii  an  ox."  The  Koman  emperor  Elagabalus,  according  to 
fJihhon,  "  would  never  eat  sea-fish  except  at  a  great  distance  from  the  sea.  He  then  would 
di.srrihnte  vasr  (juantities  of  the  rarest  sores,  brought  at  an  inuneiuse  expense,  to  the  peasants 
of  rhe  inliuid  country."  Marc  Antony  is  gaid  to  have  giveu  the  house  of  a  Eoman  citizeu  to  a 
oook  who  ))rt'](ared  tor  iiim  a  good  siij)])er. 

.Soiiii-  ol'  the  most  eminent  warriors  and  statesmen  wore  extravagantly  fond  of  fishing.  An- 
Uiuy  was  one  of  these.  'J'he  remark  ((uote<l  in  the  text  is  to  be  found  in  riutarch,  \\ho  relates 
tJi(!  following  story  :  "  He  was  fishing  one  day  with  Cleopatra,  and  hud  ill  success  ;  whieh,  in  tho 
I)resence  of  his  mistress,  he  looked  upon  as  a  disgrace,  lie  therefore  ordered  ()ne  of  his  assist- 
ants to  divi',  and  put  on  his  hook  such  as  had  l)een  ttikeii  before.  This  scheme  he  i)Ut  in  prac- 
ti(t(^  tliree  <»r  four  times,  and  Cleojmrra  juTceived  it.  She  affected,  howevtu",  to  i)e  sur])rise<l 
at  his  success,  expressing  her  wonder  to  the  jx'oph'  about  her;  and,  the  day  following,  invited 
tiu-m  to  8<'e  fresh  ])roofs  of  it.  Wiieu  tlie  day  ibllowiiig  came,  the  vessel  was  crowded  with 
prople;  and  as  soon  us  Antfuiy  had  let  down  his  line,  she  ordered  one  of  Jier  divers  immedi- 
atfly  to  put  a  salt-fisli  on  liis  hook.  A\']ieu  Antony  found  he  )iad  caught  his  fish,  he  drew  up 
his  line;  iiiid  tills,  as  may  be  su|iposrd,  occasioned  no  small  mirth  among  the  s])eefat(M's.  'Go, 
(ji'iii-ral,'  said  Cleopatra,  'leave  fishing  to  us  petty  princes  of  Pluiros  and  Cuuopus :  your 
gain('  is  cities,  kingdoms,  and  provinces.'" 

Travellers  in  modem  tinu's  find  the  ruins  of  Roman  fish-ponds.  At  Agrigentnim  is  seen  an 
artifi<-ial  hike,  about  a  <piarier  of  a  leagui^  in  circumference,  dug  out  of  .sidid  rock  hy  tlie  Car- 
tliagfiiiaii  ca]itives,  and  to  which  water  was  conveyed  from  the  hills.  It  was  thirty  feet  deep; 
and  great  (|uaiititicH  of  fish  were  kept  in  it  for  the  pul)lic  feasts.  The  fish-ponds  of  Nero  wer.o 
HiniK'rous  ;  ajid  the  Coliseum  is  said  to  have  heeii  errct<>d  on  the  .site  of  one  of  tliem.  fishinj; 
nets,  some  of  them  (piite  entire,  have  be<'n  found  in  great  mimbers  iu  llerculanemn,  as  well  irn 
m  I'ompeii- 


104 

MAINE, 
From  1607  to  the  Revolutionary  Controversy. 

We  have  elsewhere  seen  that,  as  the  French  clainaed  the  entire 
country  between  the  Kennebec  and  the  St.  Croix,  the  ancient  hmits  of 
Maine  eml^raced  hardly  more  than  one  third  of  its  present  territory. 
As,  too,  mention  has  been  made  of  the  most  distinguished  English 
voyngers  who  followed  Gosnold  to  explore  the  coast,  the  first  incident 
to  demand  our  attention  is  the  mission  established  by  the  Fathers  Baird 
and  Masse,  in  1609,  at  a  place  which  they  called  St.  Saviour,  on  the 
island  of  Mount  Desert.  They  were  Jesuits,  and  were  soon  joined  by 
Father  Du  Thet,  of  the  same  order.  In  3  613,  Sir  Samuel  Argal,  who 
was  subsequently  governor  of  Virginia,  while  on  a  fisliing  vo3rage  to 
the  waters  in  the  vicinity,  was  wrecked  at  Penobscot,  and  was  in- 
formed by  the  natives  of  the  fijunding  of  this  mission  ;  and  on  his  re- 
turn to  Virginia,  measures  were  immediately  adopted  to  destroy  iL 
Eleven  fishing  vessels,  provided  with  soldiers  and  cannon,  under  the 
command  of  Argal,  were  speedily  despatched  to  accomplish  this  pur- 
pose. The  French  had  a  ship  and  a  barque  in  the  harbor  w^ith  guns 
on  board,  and  had  commenced  a  small  fori ;  but,  surprised  at  the  ap- 
pearance of  the  English,  with  no  cannon  mounted  on  shore,  and  with 
most  of  their  men  al)sent  in  their  various  employments,  they  were  easily 
subdued.  Resistance  was,  however,  made  Irom  one  of  the  vessels, 
and  Du  Thut  was  killed  while  levelling  a  ship's  gun,  and  several  who 
assisted  by  his  side  were  wounded.  Argal,  soon  master  of  the  settle- 
ment, broke  up  the  cross  and  other  emblems  of  French  possession,  de- 
stroyed everything  connected  with  the  mission,  and,  after  performing 
a  similar  exploit  further  east,  returned  to  Virginia.  This,  it  is  of  in- 
terest to  remark,  was  the  beginning  of  the  contests,  wars,  and  blood- 
shed between  the  English  and  the  French,  which,  with  occasional  ir^ 
tervals,  continued  for  a  century  and  a  half,  and  which  terminated  only 
when  the  flag  of  England  waved  upon  every  American  sea  betweeo 
Mexico  and  Labrador. 

Sir  Samuel  Argal's  character  is  variously  represented.  That  he  was 
a  bold  and  a  bad  man  seems  probable.  The  year  before  he  came  to 
Mount  Desert  he  carried  off  the  celebrated  Indian  princess,  Pocahon- 
tas, and  actually  held  her  as  his  prisoner,  when  Rolfe  wooed  and  won 
her.  The  Earl  of  Warwick  was  his  partner  in  trade,  and,  as  is  said, 
was  defrauded  by  him. 

Omitting  several  minor  events,  we  come  at  once  to  consider  Maine  as 
an  English  colony. 

The  first  inhabitants  were  neither  Puritans  nor  refugees  from  perse- 
cution. Sir  Ferdinando  Gorges,  the  original  proprietor,  or  lord  pala- 
tine, was  an  Episcopalian,  and  a  stout  royahst  or  adherent  of  the  Stuarts, 
and  those  whom  he  sent  over  to  settle  his  domain  Avere  of  the  same  re- 
ligious and  political  sentiments.  He  was  a  devoted  friend  to  the  colo- 
nization of  America,  and  deserves  our  gratitude,  even  though  we  are 
sometimes  compelled  to  condemn  his  plans,  and  the  grasping  spirit 
which  he  evinced  as  a  member  of  the  Plymouth  Council.     It  may  be 


105 

admitted  that  his  purposes  were  cntirel}^  personal,  and  that  he  aimed 
solely  to  acquire  wealth  ;  but  still,  whatever  were  his  motives,  the 
voyage  of  Challon,  in  1G06  ;  the  enterprise  of  the  Poplianis  and  the 
Gilberts  to  the  Kennebec,  the  I'ollowing  year,  in  wiiich  he  h;id  an  inte- 
rest :  tli(^  voyages  for  fisliing  and  trade  of  Richard  Amines,  his  agent, 
steadily  pursued  for  years  in  a  ship  purchased  with  his  own  nione}';  the 
adventure  of  Dermer  to  the  island  of  Monhegan,  undertaken  under  his 
auspices,  in  1619 ;  the  aid  he  afforded  to  Sir  WiUiam  Alexander,  in 
1621,  to  procure  the  patent  of  Nova  Scotia;  the  grant  olnained  by 
John  Mason  and  himself  of  the  country  between  the  Merrimack  and  the 
Kennebec  rivers,  in  1622  ;  and  the  su])sequent  grant,  in  his  own  indi- 
vidual right,  of  the  territory  between  the  Piscataqua  and  the  Kenne- 
l>ec,  which,  in  honor  of  Queen  Henrietta,*  he  called  Maine — were  all 
beneficial  to  New  England,  and  hastened  its  settlement.  Yet,  for  him- 
self and  his  heirs,  Gorges  really  accomplished  nothing. t  Two  centu- 
ries ago  one?  iiun(h'ed  thousand  dollars  was  a  large  sum  ;  but  he  ex- 
pended that  amount  of  money  in  his  various  enterprises  in  America, 
wliich  was  entirel}'  lost,  if  we  except  the  twelve  hundred  and  fifty 
pounds  sterling  received  by  the  representative  of  his  family,  in  1677, 
from  Massacliusetts,  in  the  purchase,  and  in  full  payment  for  a  quit- 
claim deed  of  Maine. 

The  immediate  objects  of  Gorges  were  to  establish  fisheries,  to  erect 
saw-mills,  and  to  open  a  communication  with  the  Indians.  Fishing 
and  lumbering,  indeed,  continued  to  be  the  great  branches  of  industry 
for  more  than  a  century  after  his  death.  As  late  as  the  year  1734, 
there  were  no  more  than  nine  thousand  persons  of  European  origin 
between  the  Piscataqua  and  the  St.  Croix,  and  thence  to  the  dividing 
and  disputed  "highlands,"  wdicrc  royalty'  last  contended  f()r  the  soil  of 
Maine.  In  truth,  not  a  grant  was  made  east  of  the  Penobscot  previous 
to  1762;  and  Machias,  though  the  oldest  town  between  that  river  and 
the  frontier,  was  not  alienated  prior  to  1770,  and  had  no  coiporate 
existence  until  Massachusetts  bf^came  an  independent  State.  The 
general  condition  of  Maine,  in  fine,  as  the  revolutionary  controversy  came 
to  a  crisis,  may  be  summed  up  thus:  the  whole  number  of  inhabitants 
was  about  equal  to  the  present  population  of  the  cities  of  Portland  and 
Bangor;  the  supreme  court  held  one  term  at  Falmouth,  (now  Port- 
land,) and  one  at  York,  annually;  there  were  ten  representatives  to 
tl)e  general  court,  none  of  whom  lived  east  of  Brunswick  or  the  An- 
droscfjggin  river;  the  number  of  clergymen  was  thirty-ibur;  the  six 
councillors  or  barristers  at  law  were  William  Gushing,  James  SulH- 
van,  David  SewaU,  Theopliilus  Bradbur}',  Caleb  Emery,  and  David 
Wyer,  all  of  whom  were  whigs,  except  the  last;  of  incorj)orated  towns, 
there  were  twenty-five;  the  only  eustom-iiouse  was  at  Falmouth;  the 
patronage  of  the  crown  was  confined  to  the  ollicers  of  the  revenue,  to 
a  corps  of  civil  functionaries  by  no  means  numerous,  to  a  siu'vej^or  of 
the  king's  forests,  and  his  deputies. 


•  She  wa8  a  Frpnch  princess,  and  her  estate  in  Franco  was  called  "  the  province  of  Maine." 
t  Sir  Ft'rdiiiaiidi>  Gorges  died  lifforc  June,  of  tlic  )<'ur  IfVIT.     lie  KiifltMcd  niiicli  for  liis  de- 
votion to  the  SiiiartH.     .Miiinc,  nf  which  he  liccaiiif  k(»1c  proprietor,  wiis  iirijh'cli'd  liy  liis  son 
John,  to  whom  it  (K-Hct-ndfd ;  und  was  f^ohl  by  Iuk  ^i>h  Ferdinundo,  in  11)77,  to  Massachiisetta, 
for  the  sum  jCl,'i50.    The  first  Ferdiuando  was  the  author  of  tracts  on  American  colonization. 


106 

I  propose  now  to  take  a  rapid  view  of  the  events  connected  with  the 
sea.  It  mav  be  assumed  that  the  island  of  Monhesran — ah-eadv  so 
frequently  mentioned  in  this  report — was  the  seat  of  the  first  fishery  in 
Elaine ;  and  that  the  first  reside?it  fishermen  were  those  who  fixed  their 
abodes  on  the  coast  of  the  main  land  between  the  Kennebec  and  Da- 
mariscotta,  in  ]  626.  The  same  class  of  men  had  habitations  at  Cape 
Porpoise  as  early  as  1630;  and  there  were  fishermen's"  cabins  and 
hunters'  camps,  very  possibly,  near  the  site  of  the  city  of  Portland, 
before  the  close  of  the  same  year.* 

In  1631,  Aldsworth  and  Eldridge,  two  merchants  of  Bristol,  Eng- 
land, obtained  a  grant  known  as  the  "Pemaquid  patent,"  which  gave 
them  the  exclusive  right  to  fish  in  their  own  waters. 

The  patent  embraced  several  thousand  acres  of  land  on  the  main, 
tlie  Damariscove  islands,  and  all  other  islands  within  nine  leagues  of 
the  shore ;  and  thus,  whether  designedly  or  otherwise,  included  Mon- 
hegan.  The  whole  territory,  though  now  almost  in  the  centre  of  the 
seacoast  of  Maine,  was  east  of  Gorges'  eastern  boundary,  and  there- 
fore within  the  French  claim.  It  would  seem  that  a  fishery  was 
established  at  Richman's,  or  Richmond's  Isle,  near  Portland,  previous 
to  1631;  since,  in  that  year  Prince  records,  in  his  annals,  that  Governor 
Winthrop  was  informed  of  the  murder  there  of  Walter  Bagnall  and 
another  person,  by  " Squidecasset,"  an  Indian  sachem;  which  isle, 
says  Prince,  was  part  of  a  tract  of  land  granted  to  Mr.  Trelane,t  a 
merchant  of  Plymouth,  England,  who  had  "settled  a  place  for  fishing, 
built  a  ship,  and  improved  many  servants  for  fishing  and  planting." 
The  annalist  should  have  added,  that  the  grant  was  to  Goodyeare,  as 
well  as  to  Trelawney.  Both  were  Episcopalians;  and  in  1632,  they 
appointed  John  Winter  to  superintend  their  fishery.  Richmond's 
island  soon  became  an  important  and  noted  place;  several  ships  were 
furnished  with  cargoes  of  fish  annually,  and  Winter  often  employed  as 
many  as  sixty  men.  Josselyn  was  at  the  island  in  163S,  and  relates 
that  he  went  on  board  the  Fellowship,  a  ship  of  one  hundred  and 
seventy  tons,  and  that  among  the  friends  who  came  to  bid  him  fare- 
well was 'a  Captain  Thomas  Wannerton,  who  drank  to  him  "a  pint  of 
kill-devil,  alias  rhum,  at  a  draught."  Winter,  says  this  quaint  chronicler, 
was  "  a  grave  and  discreet  man."  The  whole  population  of  Maine,  at 
this  time,  did  not  exceed  one  thousand  persons,  of  whom  quite  half  were 
fishermen,  who  lived  at  the  places  named  above,  on  the  river  St.  George, 
and  elsewhere  on  the  coast  west  of  the  mouth  of  the  Penobscot. 

In  1645  there  was  an  action  commenced  in  the  courts  against  Whi- 
ter, by  John  Trelawney,  of  Piscataqua,  on  an  account  for  services  in 
the  fishery  at  Richmond's  island,  in  which  Trelawney  appears  to  havie 
recovered  judgment. 

Winter  died  the  same  year,  leaving  a  daughter,  who  married  Robert 
Jordan,  an  Episcopal  clergyman.  Jordan  administered  upon  Winter's 
estate,  and  became  involved  in   suits  and   difficulties  in  closing  his 

*The  first  house  in  Portland  was  built  by  George  Cleeves,  in  1632,  at  a  place  called  Machi- 
gonne  by  the  Indians,  and  Cleeves'  Neck,  or  Muujuy's  Neck,  by  the  English.  Cleeves  became 
a  distinguished  magistrate  in  that  part  of  Maine,  and  died  very  aged. 

t  The  name  should  be  Trelawney. 


JOT 

affiiirs.  "The  reprnt  of  tlic  commissioners  f?")!' the  planfntion  at  Rich- 
mond's island,"  ni;ulc  in  1G4S,  is  wortliy  of  notice,  us  cont;iinin^r  curious 
facts  to  show  the  prices  .•lud  tr;insactioHS  of  the  time.  The  commis- 
sioners were  appointed  at  the  instiuice  of  Jordiin,  wdio  claimed  that  a 
balance  was  due  the  estate  of  his  father-in-law.  It  is  said  in  the 
report,  thai,  in  the  six  years  preceding  his  decease,  Winter  h.id  sent  his 
principid  in  England,  "in  s<n'eral  ships,  in  fish,  merchr.ntahle  and  re- 
fuse, 3,0-5Gi  quintals,"  ;md  of  "core-fish,  38-}  fpiintiils  ;"  of  "tniiu-oil, 
11  hogsheads;"  and  other  comniodities  of  the  sea  ;  which,  "according 
to  the  prices  here,  cannot  amount  to  less  than  .£2,292."  The  inventory 
of  the  property  l)elonging  to  the  fishery,  shows  three  boats  in  use,  with 
their  moorings  and  appurtenances,  .£28;  two  old  boats  out  of  use, 
valued  at  £2;  the  fishing  stage,  with  a  quantity  of  old  casks,  <£10  6.s. ; 
six  dozen  hooks,  at  16  shillings;  five  chwen  of  lines,  at  £7 ;  one  seine 
and  two  old  nets-,  £4:  10.?. ;  about  ninety  hogsheads  of  salt:,  £6-5  10s.; 
and  that  there  was  due  the  concern  by  a  Mr.  Hill,  the  sum  of  <£S4  155. 
9*?.  for  one  hundred  and  thirty-three  quintals  of  fish  sold  but  not  paid  ibr. 

The  fishermen  who  fiajuented  the  waters  of  Maine  having  often  de- 
Olro3'ed  timber  and  wasted  the  f  )rests  on  the  shores,  and  having  ac- 
quired the  habit  of  carelcssl}^  ])acking  and  curing  their  fish,  the  county 
court  were  directed  to  appoint  proper  officers  to  correct  these  abuses  by 
an  ordinance  of  1652 ;  at  which  time  Pemaquid  had  become  the  principal 
plantation  between  the  Kennebec  and  the  Penobscot,  a  gieat  fishing 
mart  and  place  of  shelter  for  vessels  passing  to  and  fiom  the  French 
and  English  settlements  scaltered  along  the  coast. 

In  1657,  wc  have  an  Indian  deed  of  land  in  Portland  as  fjllows  r 
"  Be  it  known  unto  alL  men  that  I,  Scittery  Gusset,  of  CascoBay,  Sag- 
amore, do  hereby  firmly  covenant,  bargain,  and  sell  unto  Francis  Small, 
of  the  said  Casco  Bay,  fisherman,  his  heirs,  &c.,  all  that  upland  and 
marshes  at  Capisic,  lying  up  along  the  northern  side  of  tht^  river,  unto 
the  head  thereof,  and  so  to  reach  and  extend  unto  the  river  side  of  Am- 
moncongan."  This  Sagamore  was,  possibly,  the  murderer  of  Bagnall, 
at  Richmond's  island,  in  1631.  The  consideration  for  the  lands  sold 
to  Small  was  one  trading  coat  and  one  gallon  of  liquor  annually.  Four 
years  later  Nicholas  White,  of  Casco  Bay,  sold  to  John  Breme,  "  now  of 
the  sam(;  Bay,  fisherman,"  all  his  interest  in  House  island,  near  Port- 
land, being  one  (]ua,rter  part,  but  reserved  liberty  to  Sampson  Penky 
to  njake  fish  on  the  island  during  his  life.  These  conveyances  show 
"what  was  passing  two  centuries  ago  at  the  present  conmiercial  capital 
oi'thc  frontier  Slate. 

In  1667  the  commissioners  of  King  Charles  to  New  England  gave 
a  sad  account  of  the  morals  of  the  jxrsons  connected  with  our 
subject  on  the  "  Kennibeck  river,"  upon  "  Shipscot  river,"  and  at 
"Pemaquid."  "These  people,"  say  they,  "for  the  most  ]):irt,  are 
fisheriijen,  and  never  harl  any  government  amon^  incm  ;  mosi  ol'lhctn 
aj-e  such  as  ha,ve  fled  lioiu  oilier  pla(-cs  to  aMiid  justice.  Sonn'  hi-ro 
ai'e  of  o})inion  that  as  many  men  may  share  a  woman  as  they  do  a  bt)at, 
and  SOUK!  have  done  so."     Josselyn's*  picture  of  Main<^  at  this  period, 

•John  .ToHsi'lvn  nrrivcfl  in  Boston  in  IfiO;},  and  lived  in  Now  Eughuld  a  uumlxsr  of  yoara. 
Hifl  account  ot  his  advinturea  Lu  liis  two  voyugt-s  in  luuusing. 


108 

is  loo  curious  to  be  omitted,  though  my  h'mits  will  not  permit  its  inser- 
tion entire.  "  About  eioht  or  nine  miles  to  the  eastward  of  Cape  Por- 
poise," he  writes,  "is  Winter  harbor,  a  noted  place  for  fishers  ;  here 
they  have  many  stages."  "At  'Richmond's  island'  **  are  likewise 
stages  for  fishermen.  Nine  miles  eastward  of  Black  Point  lyeth  scatter- 
ingly  the  town  of  Casco,*  upon  a  large  bay,  stored  with  cattle,  sheep, 
swine,  abundance  of  marsh  and  arable  land,  a  corn-mill  or  two,  with 
stages  for  fishermen.  *  *  *  Further  yet  eastward  is  Sagadahock,t 
where  are  many  houses  scattering,  and  all  along  stages  for  lisliermen. 
*  *  *  *  From  Sagadahock  to  Nova  Scotia  is  called  the  Duke  of  York's 
province ;  here  Pemaquid,  Martinicus,  Mohegan,  Capeanawhagen, 
where  Captain  Smith  fished  for  whales,  Muscataquid,  all  filled  with 
dwelling-houses  and  stages  for  fishermen." 

Again,  he  says  that  "  The  people  in  the  province  of  Maine  may  be 
divided  into  magistrates,  husbandmen  or  planters,  and  fishermen :  of  the 
magistrates  some  be  royalists,  the  rest  perverse  spirits  :  the  like  are  the 
planters  and  fishers,  of  which  some  be  planters  and  fishers  both — others 
mere  fishers."  After  speaking  of  the  quantity  offish  taken,  and  oftlie 
various  mai'kets  to  which  the  different  qualities  were  sent,  he  thus  de- 
scribes the  manner  of  fishing  and  the  habits  of  those  who  lived  by  the 
use  of  the  hook  and  hne:  "  To  every  shallop  belong  four  fishermen  : 
a  master  or  steersman,  a  midshipman  and  a  foremost-man,  and  a  shore- 
man, who  washes  it  out  of  the  salt,  and  dries  it  upon  hurdles  pitched 
upon  stakes  breast-high,|  and  tends  their  cookeiy.  These  often  get  in 
one  voyage  eight  or  nine  pounds  a  man  for  their  shares."  The  money 
tliey  earned,  he  continues,  was  squandered  in  drunken  revels.  Tlie 
arrival  of  a  "  walking  tavern,"  (as  he  calls  a  vessel  laden  with  wine, 
brandy,  and  other  intoxicating  liquors,)  put  an  end  to  fishing,  and  no 
persuasions  which  their  employers  could  use  were  sufficient  to  induce 
them  to  go  to  sea  for  two  or  three  days — "nay,  sometimes  a  whole 
week,"  and  until  wearied  with  drinking.  When  thus  carousing,  "  they 
quarrelled,  fought,  and  did  cue  anoUier  mischief." 

The  course  of  events  during  the  hostile  relations  between  France  and 
England,  cannot  be  stated  in  detail.  Particular  cases  will  show,  how- 
ever, the  general  conduct  of  the  French  rulers  in  Acadia,  and  the  kind 
of  warfare  meditated  and  actually  perpetrated  by  their  savage  allies 
within  the  borders  of  Maine.  For  a  time,  the  Acadian  seas  were  vis- 
ited by  the  eastern  fishermen  without  molestation.  But  in  1675,  De 
Bourg,  the  French  governor,  not  only  prohibited  his  people  from  con- 
tinuing their  intercourse  with  their  Protestant  neighbors,  but  levied  an 
impost  or  tribute  of  four  hundred  codfish  on  every  Enghsh  colonial  ves- 
sel found  fishing  upon  the  coast  of  Acadia,  and  required  his  officers  to 
seize  all  that  refused,  and  to  take  away  whatever  fish  had  been  caught 
with  the  outfits  and  provisions  on  board.  ||       The  remark  of  Mugg,  (a 

*  Portland. 

t  The  countr}-  between  the  Kennebec  and  the  Penobscot. 

t  The  maimer  of  drying  on  "  flakes"  is  very  similar  at  the  present  time. 

II  Randolph,  in  a  letter  dated  at  Boston,  July  28,  1686,  and  addressed  to  Mr.  Blaithwait, 
England,  remarks:  "There  will,  I  fear,  be  an  eruption  betwixt  the  French  of  Nova  Scotia 
and  our  people  in  Maine  and  New  Hampshire,"  and  for  reasons  which  he  relates.  "We  have 
sent,"  he  fuixher  says,  "to  all  places  to  warn  our  people,  and  to  the  fishermen,  not  to  ventm-e 
apou  their  coasts,  lest  they  be  surprised  and  made  to  answer  for  damages  done  by  strangers." 


109 

sachem  of  pomo  note,)  a  year  or  two  afterwards,  to  the  Indl.-ins  on  the 
Kennebec,  it  mny  be  assumed,  was  ot  French  origin:  "i  know,"  said 
the  saviige,  in  a  laughing  mood,  "1  hioiu  how  icc  can  even  burn  Boston, 
ami  drive  all  the  country  hcjhrc  us;  wc  must  go  to  the  fisJting  inlands  and 
take  all  the  white  men\s  vesse/s.^^  In  the  lapse  of  a  few  years,  the  fisher- 
men at  Cape  Porpoise  were  either  slaughtered  or  driven  offj  and  the 
settlement  there  laid  desolate;  a  fishing  smack  was  intercepted  near 
Portland,  tlu-ee  of  her  crew  kilhul,  and  the  remainder  carried  into  cap- 
tivity; eight  fishing  vessels  were  captured  at  the  Fox  islands;  the  coast 
for  more  than  a  hundred  miles  was  abandoned,  and  the  wretched  men 
who  depended  upon  the  sea  for  support,  without  shelter,  and  too  scat- 
tered for  concert  and  resistance,  were  compelled  to  suspend  their  em- 
ployments. 

In  1725,  several  eminent  sachems  arrived  at  Boston  to  negotiate  a 
trcat}'^  with  the  government  of  Massachusetts.  The  fisheries  were  re- 
sumed with  the  return  of  peace. 

From  this  time  to  the  controversies  that  preceded  the  Revolution,  there 
are  but  tew  incidents,  in  so  rapid  a  narrative,  to  detain  us.  The  Rev. 
Thomas  Smith,  of  Portland,  records  in  his  journal,  under  date  of  Sep- 
tember, 172(5,  that  a  "storm  brought  into  our  harbor  about  ibrty  large 
fishing  vessels,"  a  fact  that  indicates  a  rapid  recovery  from  the  desola- 
tions of  war.  He  mentions,  also,  that  in  the  same  year  several  persons, 
with  their  famihes,  emigrared  to  that  place  from  Cape  Ann.  In  1741, 
he  writes  that  "the  fish  struck  in,  which  was  a  great  relief  to  people 
almost  perishing."  The  number  of  fishermen  who  now  had  homes  in 
Maine  was  six  liundrcd. 

The  war  of  1756  was  disastrous  to  persons  engaged  in  maritime  en- 
terprises, and  several  vessels  were  captured  by  the  French  while  on 
the  fishing  grounds  of  the  eastern  coast.  An  armed  ship  was  finally 
employed  to  protect  these  grounds,  and  the  general  trade  ot  the  English 
colonists.  In  17G0,  Mount  Desert,  containing  sixty  thousand  acn^s,  and 
the  largest  island  in  Maine,  was  granted  to  Sir  Francis  Bernard,  the 
governor  ot"  Massachusetts.  The  gift,  made  by  the  general  court,  was 
confiufmed  by  the  King,  and  was  valuable,  at  the  time,  onl}'"  for  pur- 
poses of  a  fishery.  IMuch  harmony  prevailed  between  Sir  Francis  and 
the  people  he  was  sent  to  govern,  for  two  or  three  years;  but  at  his  re- 
call, in  1700,  when  the  dis})utes  which  he  provoked  had  embarrassed 
trade,  ship-building  and  the  fisheries,  there  were  few  who  lamented  his 
departure.  * 

In  conclusion,  two  distinguished  natives  of  Maine,  who  are  intimately 
connected  with  our  subject,  may  receive  a  passing  notice. 

Sir  William  l*hipps  was  born  at  I>ristol,  the  "ancient  Pemaquid," 
and  was  one  of  tw(,'nty-six  children  borne  by  his  mother,  ot  whom 
twenty-one  were  sons.  He  lived  in  Maine  until  he  was  twenty-two 
years  (jfage,  when  he  went  to  Boston,  where  In-  learned  to  read  and 
write. 

•Sir  Francin  Bf^rnard  succfcdod  PowTinll  aa  j;f)V<Tnor  of  MaHRachuHefts  in  17fi0.  H«  was 
preat4'(l  a  tuinnift  in  1701);  ami  rlic  ^t.-iuTal  roiiri  (lr<-\r  ii|)  a  i»ctiti(»ii  to  rlir  Kiui;  ti>r  his  n-cail 
till)  Huiiio  yi-ar.  I  Ik  liird  in  llii^land  in  1771).  lit;  wan  a  tVii-nd  ol'  litcrariiri',  .ind  a  lii'iirliK;- 
t4»r  ol'  Harvard  llnivornity.  Ills  laulti  wore  parsinu'iiy,  au  cicitatdo  and  arbitral y  dii>i>siiiuu, 
ttio  waut  ol"  address  uud  wisdoin. 


110 

He  eRgnged  in  various  enterprises,  from  time  to  time,  by  which  he 
acquired  weahh.  In  his  endeavors  to  conquer  the  French  possessions 
in  America  he  was  unwenried,  for  he  saw  that,  unless  they  were  added 
to  the  British  crown,  there  could  be  no  peace  upon  the  fishing  gi'ounds. 
He  was  at  last  knighted,  and,  under  the  second  charter  of  Massachusetts, 
was  appointed  the  first  governor.  When  the  Indians,  who  knew  him 
in  his  youth,  listened  to  the  tale  of  his  successes  and  honors,  they  were 
amazed,  for,  says  an  old  writer,  "they  had  fished  and  hunted  with 
him  many  a  weary  day."     He  died  in  169-5,  without  children. 

Sir  William  Pepperell,  the  commander  of  the  memorable  expedition 
against  Louisbourg,  was  the  son  of  a  fisherman  of  the  Isles  of  Shoals. 
As  a  merchant  at  Kittery,  the  oldest  incorporated  town  in  Maine,  where 
he  was  born,  where  he  lived  and  died,  and  where  strangers  are  still 
shown  his  large  mansion-house  and  his  tomb,  he  Was  personally  con- 
cerned in  the  tisheiies.  He  acquired  great  wealth.  The  dignity  of  a 
baronet  of  Great  Britain,  an  honor  never  before  nor  since  conferred  on 
a  native  of  New  England,  was  bestowed  in  reward  of  his  military  ser- 
vices; and  not  long  previous  to  his  death,  he  was  created  a  lieutenant 
general.  He  deceased  in  1759.  His  grandson,  who  inherited  liis  title  and 
a  large  part  of  his  estate,  was  a  loyalist  in  the  Revolution;  and  losing 
his  patrimony  under  the  confiscation  act,  was  a  recipient  of  the  bounty 
of  the  British  crown.  The  baronetcy  is  now  extinct;  and  such  are  the 
vicissitudes  of  human  condition,  that  members  of  the  Pepperell  family 
have  been  literally  saved  from  becoming  inmates  of  an  almshouse  by 
individual  charities. 

NEW  HAJfPSHIEE. 

From  1623  to  the  Revolutionary  Controtxrsy. 

To  include  the  early  inhabitants  of  New  Hampshire  with  Puritans 
mid  among  refugees  from  reUgious  persecution,  as  some  do,  is  to  degrade 
to  mere  fable  many  of  the  best  authenticated  facts  in  history.  The 
sole  purpose  of  the  first  and  of  the  subsequent  proprietors  was  to 
acquire  wealth  by  fishing  and  trading.  The  original  patentees  were 
Sir  Ferdinando  Gorges,  John  Mason,  and  several  merchants  of  London, 
Bristol,  Plymouth,  Dorchester,  and  other  places  in  England,  who  pur- 
chased the  countr}^  between  the  Merrimack  and  the  Kennebec,*  and 
back  to  the  great  lakes  and  the  St.  Lawrence,  and  styled  themselves 
the  "  Company  of  Laconia."  In  1623  they  sent  over  David  Thom|> 
son,  Edward  and  William  Hilton,  fishmongers  in  London,  with  a  num- 
ber of  other  persons,  in  two  divisions,  furnished  with  ample  tools,  im- 
plements, and  provisions,  to  commence  a  fisheiy  and  plant  a  colony. 
One  division  landed  on  the  south  shore  of  the  Piscataqua,  at  its  mouth, 
where;,  immediately^  to  provide  salt  to  cure  fish,  they  built  salt  works, 

*  In  a  paper  wliich  Hutcliiuson  preserves  m  his  "  Collection,"  and  which  he  ascribes  to  the 
commissioners  ot'Chark's  II,  or  to  some  person  erapl-ojed  by  them,  it  is  said  that  "?.Ir.  Mason 
had  a  pattent  for  some  land  about  Cape  Ann  before  the  Massachusetts  had  their  first  pattent; 
whereupon  Captain  Mason  and  Mr.  Cradock,  who  was  the  first  governor  of  the  Massachusetts, 
ajui  lived  in  London,  agreed  that  the  Massachusetts  should  have  that  laud  which  was  graunted 
to  Captain  Mason  about  Cape  Ann,  and  Captiiin  ]\Iason  should  have  that  land  wliich  was 
Ueyoad  Meiima«  river  aiid  grauuled  to  the  Massachusetts,"  &c>,  &c. 


Ill 

and,  to  secure  shelter  for  themselves,  they  erected  a  house  which  llicy 
called  "Mason  Hnll."  The  fishery  and  iur  trade  engaged  their  whole 
attention  to  the  exclnsinn  of  agriculture  ;  and,  during  the  seven  years 
succeeding  their  arrival,  they  completed  but  three  or  four  buildings. 

Gorges  tmd  Mason  soon  became  sole  owners  of  Laconiii ;  for  their 
associates,  discouraged  b}'  the  continual  demands  upon  th(-m  without 
returns  for  the  capital  invested,  relinquished  their  shares.  But  Gorges 
and  Mason  did  nothing  to  change  the  original  designs  of  the  first  pat- 
entees. They  formed  no  government;  they  merely  employed  men  to 
fish  and  trade  for  them,  wlihoul  cn-ecting  any  tribunals  wliatever  to  pro- 
tect their  own  interests  or  tlie  rights  of  others. 

Finally,  Laconia  was  divided  into  two  colonics.  To  Gorges  was 
assigned,  in  his  own  right,  the  region  east  of  the  Piscataqua,  to  which 
he  gave  the  name  of  Maine ;  and  to  Mason  the  territory  on  the  west- 
erly side  of  that  river,  which,  in  honor  of  the  county  in  which  he  lived 
in  England,  he  called  Ncir  Hampshire. 

Mason  was  bred  a  merchant,  but  became  an  officer  in  the  British 
navy,  and  in  that  capacity  had  resided  at  Newfoundland  as  one  of  the 
governors  of  that  island,  of  the  description  spoken  of  in  the  second  part 
of  this  report.  He  was,  therefore,  personally  acquainted  with  the  man- 
agement of  a  fishery.  In  his  sentiments  he  was  so  unlike  the  l^uritans 
of  the  time  as  to  anxiously  desire  the  introduction  of  the  feudal  system 
of  lords  and  serfs  into  his  domain  of  New  Hampshire.  This  was  his 
darling  plan,  and  he  put  his  fortune  at  stake  and  sacrificed  his  all  to 
accomplish  it.  Such  was  the  founder  of  Portsmouth,  and  of  the  State 
of  which  it  is  the  commercial  capital.* 

The  history  of  industry  upon  the  sea,  for  the  century  and  a  half  that 
New  Hampshire  remained  an  English  colon}^,  is  bri'4"  aiid  without 
events  of  particular  interest.  In  1632  Mason  wrote  from  London  to 
his  agent  Gibbens,  on  the  Piscataqua,  that  "the  adventurers  here  have 
been  so  discouraged  by  reason  of  John  Gibbs's  ill  dealing  in  his  fishing 
vo\'^age,  as  also  by  the  small  returns  sent  hither  by  Captain  Neale,  Mr. 
Herbert,  or  any  of  their  factors,  as  that  they  have  no  desire  to  proceed 
any  further  until  Captain  Neale  come  hither  to  confer  with  them,  that, 
by  conference  with  him,  they  may  settle  things  in  better  ord(>r." 
Again,  in  the  same  letter  he  remarks  that  "we  desire  to  have  our  lish- 
ermcn  increased,  whereof  we  have  written  to  Mr.  CJodfrey."  In  July, 
1G33,  Gil)bens  said,  in  a  comnuniication  to  his  employers,  that  "for 
your  fishing  you  com})lain  f)f  Mr.  Gil)l)s.  A  Londoner  is  not  tor  iishing, 
neither  is  tiiere  any  aujity  betwixt  the  west-countr3-ment  and  them. 
Bristol  or  Barnstable  is  very  convenient  for  your  fishing  shijis.  It  is 
not  enough  to  fit  out  our  shii)s  to  fisij,  ])ut  they  must  be  sure  (God  will) 
to  be  at  their  fishing  place  the  beginning  of  Eei)ruary,  and  not  come 
to  the  land  when  other  iihh  have  half  their  voyage."  The  last  letter 
is  apparently  a  reply  to  tht;  first,  and  both  show  that,  after  ten  years' 
experience,  the  fishery  was  managed  without  skill,  and  aliiiidcd  no 
profit,  while  the  intimation  of  Gibbens,  relative  to  the  late  arrival  o 

*Hc  (lied  ill  Id;!.').     Ill  IC.'.U  li'iH  licii-K  Kold  their  riuhfN  t(i  New  Ilninpsliiro  to  Siiiniicl  Allen. 
tWe.st,  cMuiiiniiiiii  111'  Eiijjiiiiid.    Nearly  all  llic  iLsliing  vc8«cls  that  caiuo  to  Aiuoric.i  were 
from  tlic  West  fiiuiiiicti. 


112 

his  employers'  ships,  may  be  construed  to  mean  that  English  merchants 
sent  their  vessels  to  our  coast  in  mid-winter. 

The  colony  was  indeed  in  an  unpromising  condition.  For  years 
afterwards  there  was  but  little  change  for  the  better.  The  colonists 
neglected  the  soil,  and  the  Ibod  necessary  for  their  support  was  ob- 
tained in  Virginia  and  England.  "Puscataway,"  said  the  noted  John 
Underbill,  "is  a  desirable  place,  and  lies  in  the  heart  of  fishing ;"  and 
such  is  the  uniform  account  of  the  early  chroniclers ;  but  yet,  the  cap- 
itiil  invested  there  by  the  original  patentees,  and  by  Gorges  and  Mason, 
was  entirely  lost. 

Winthrop  relates  that  in  1641  a  shallop,  with  eight  men,  "though 
forewarned,"  set  sail  on  the  "Lord's  day"  from  Piscataqua,  for  Pema- 
quid  ;  that,  driven  before  a  northwest  gale,  they  were  absent  at  sea 
about  fourteen  days,  but  arrived  finally  at  Monhegan,  where  four  of 
tlie  men  perished  of  cold,  and  where  the  survivors  were  rescued  by 
a  fisherman. 

The  trade  of  Portsmouth  w\as  of  slow  growth.  The  number  of 
vessels  that  entered  the  port  in  1681,  was  fort3Miine ;  but  some  were  of 
the  burden  of  ten  tons,  or  mere  boats,  and  none  were  larger  than  one 
hundred  and  fifty  tons;  while  the  whole  amount  of  impost  or  customs 
collected  was  less  than  £62.  A  pleasant  anecdote  of  a  worthy  divine 
of  that  town  occurs  in  1690,  which  may  be  here  related.  This  cler- 
gyman, in  speaking  of  the  depravity  of  the  times,  is  represented  to  have 
fiillen  into  the  error  of  saying  to  his  people,  that  "they  had  forsaken  the 
pious  habits  of  their  forefathers,  who  left  the  ease  and  comfort  which  they 
possessed  in  their  native  land,  and  came  to  this  howhng  wilderness  to 
enjoy,  without  molestation,  the  exercise  of  their  pure  principles  of  reli- 
gion ;"  when  one  of  the  congregation,  interrupting  him,  rose  and  replied : 
"Sir,  you  entirely  mistake  the  matter ;  our  cmcesiors  did  not  come  here  on 
accotint  of  their  religion,  but  tojish  and  trade.''''  The  hearer,  however 
discourteous,  was  in  the  right  as  to  the  fact. 

In  1715,  Kittery,  opposite  to  Portsmouth,  in  Maine,  and  the  seat  of  an 
extensive  fishery,  was  made  a  port  of  entry  in  consequence  of  the  im- 
proper duties  and  exactions  (as  was  alleged)  which  the  government  of 
New  Hampshire  demanded  of  the  merchants  and  fishermen  trading  at 
the  towns  on  the  Piscataqua.  The  difficulties  which  caused  this  mea- 
sure seem  to  have  occasioned  much  excitement.  Massachusetts,  to  se- 
cure respect  to  her  authority,  erected  a  breast-work  northerly  of  Kittery 
Point,  and  laid  a  platform  sufficient  to  mount  six  guns;  appointed  a 
naval  officer  and  notary;  and  ordered  the  masters  of  fishing  and  of 
other  vessels,  as  well  as  other  persons  transacting  business  on  the  river, 
to  pay  into  her  treasury,  imports,  powder-money,  and  other  duties,  as 
stipulated  by  her  laws. 

An  answer  was  framed  to  inquiries  of  the  Lords  of  Trade  and  Plan^ 
tations,  in  1730,  which  shows  that  the  commerce  of  Portsmouth  was 
still  small.  The  exports  were  stated  to  be  "fish  and  lumber;"  the  num- 
ber of  vessels  was  only  five,  of  about  five  hundred  tons  in  the  aggregate  ; 
and  the  tonnage  of  vessels  trading  there,  owned  elsewhere,  even  less. 
"The  province,"  it  was  said,  "makes  use  of  all  sorts  of  British  manu- 
factures, amounting  to  about  ^5,000  sterling  annually,  which  are  had 
principally  from  Boston."     "The  trade  to  other  plantations"  was  to 


113 

the  •'Carribbce  islands,  whither  we  send  lumber  and  fish,  and  receive 
in  return  rum,  sugar,  molasses,  and  cotton  ;  and  as  to  trade  to  Europe, 
it  is  to  Spain  or  Portugal,  from  whence  our  vessels  bring  home  salt." 
This  is  a  meagre  account,  after  the  lapse  of  more  than  a,  ccMitury. 

There  is  nothing  to  add.  The  sea  and  the  forest  continued  to  sup- 
ply tlie  staple  exports.  A  single  distillery  for  the  manufacture  of  New 
England  rum  was  erected,  and  two  or  three  vessels  were  sent,  annually, 
to  the  Dutch  and  French  West  Indies  to  procure  molasses  for  distilla- 
tion, from  the  time,  ])robably,  tliat  intercourse  with  these  islands  was 
interdicied,  down  to  the  Revolution;  and  this  illicit  traiiic  was  the  only 
material  change  in  the  commerce  of  New  Hampshire  between  1730 
and  1775.  Certain  it  is,  that  until  the  fisheries  and  other  maritime 
pursuits  were  interrupted  by  the  overthrow  ot  the  royal  government, 
and  the  war  that  Ibllowed,  agriculture  was  neglected. 

The  colony  f  tunded  by  Gorges  and  Mason  depended  upon  axes 
and  saws,  sliallops  and  fisliing-lines,  until  necessity  compelled  a  resort 
to  the  plough.  Its  first  exports  of  corn  were  mid  the  desolations  of 
the  struijgle  that  resulted  in  sfivino:  it  the  rank  and  blessings  of  an  inde- 
pendent  State. 

ISLES  OF  SHOALS. 
From  1614  to  the  Revolutionary  Controvcisy. 

The  cluster  of  eight  islands  that  bear  this  name,  may  contain  pos- 
sibly six  hundred  acres.  Strangely  enough,  they  belong  to  two 
States.  Those  named  Haley's  or  Smutty-nose,  Hog,  Duck,  Cedar, 
and  Malaga,  were  embraced  in  the  charter  obtained  by  Gorges  of  Kizig 
Charles,  in  1639,  and  are  under  the  jurisdiction  of  Maine  at  the  pres- 
ent time  ;  while  Star,  White,  and  Londoner's  islands  are  united  to 
New  Hampshire.  These  islands  were  discovered  in  1614,  by  the  cel- 
ebrated John  Smith,  and  were  named  l)y  him  "Smith's  Isles."  This 
name  was  changed  previous  to  1629,  sincc^  in  the  deed  of  the  Indian 
Sagamores  to  Wheelwright  and  others,  of  that  year,  they  are  called 
the  "Isles  of  Shoals."  Dreary  and  inhospitable  in  their  appearance, 
they  would  have  remained  without  inhabitants  to  our  own  da}',  proba- 
bly, but  ibr  their  advantageous  situation  for  carrying  on  the  fislieries. 
Upon  them  all  there  are  cliasms  in  the  rocks  several  yards  wide, 
and  from  one  to  ten  deep,  occasioned,  as  some  suppose,  by  a  violent 
eartli(jaake. 

In  {)laces,  acres  of  rock  are  partially  or  entirely  severed,  and  through 
the  fissures  thus  formed,  the  s(*a  at  high  tid(\s,  and  in  some  storms, 
rushes  in  torrents.  There  is  but  one  secure  harbor,  which  is  of  great 
importance,  shcUeriiig  not  r>nly  to  the  vessels  of  the  resichnit  fishermen 
of  the  islands,  but  tlie  merchant  vessels  coming  upon  tlie  coast  in  dis- 
tress. 

The  Isles  of  Shoals  were  occupied  at  a  very  early  date,  and  soon 
became  phices  of  not(^  and  of  great  resort.  In  KUil,  they  were  inhal>- 
iled  by  upwards  of  forty  fninihes.  The  fisheries  were  proseeuled  with 
vigor  and  success  at  that  jx'riod,  and  siil)se<|uently,  for  (|uit<'  a  century. 
Three  or  four  ships  were  loaded  there  annually,  as  soon  as  the  year 
8 


114 

1730,  for  BilboR,  in  Spain;  and  large  quantities  of  fish  were  carried, 
besides,  to  Portsmouth,  to  be  shipped  to  the  West  Indies.  Prior  to 
the  Revohition,  the  dvn-Jish  of  these  islands  had  attained  universal  ce- 
lebrit}^  and  were  considered  to  be  the  best  table-fish  in  the  world. 

The  population  in  1775  was  about  six  hundred.  Fishing  was  the 
only  employment.  The  annual  catch  was  between  three  and  four 
thousand  quintals.  The  inhabitants  owned  a  large  fleet  of  boats  and 
shallops,  and  several  vessels ;  and  fancied,  as  many  fishermen  still  do, 
that  the  fishing  grounds  were  prolific  in  proportion  to  the  distance  from 
home,  and  extended  their  adventures  to  Newfoundland  accordingly. 
It  is  of  interest  to  remark,  as  showing  the  prosperous  condition  of  these 
islands,  and  the  means  of  education  in  "the  olden  time,"  that  gentle- 
men of  consideration,  of  some  of  the  principal  toAvns  on  the  seacoast, 
sent  their  sons  there  ibr  literary  instruction. 

The  war  ot  the  Revolution  produced  a  disastrous  change.  It  was 
found  by  the  whigs  that  their  enemies  extorted  articles  of  sustenance 
as  well  as  recruits  for  their  service,  and  they  ordered  the  inhabitants  to 
abandon  their  homes.  In  obedience  to  the  hard  mandate,  a  large  pro- 
portion removed  to  towns  on  the  main  land,  and  never  returned.  A 
single  incident  that  occurred  early  in  the  contest  will  serve  to  illus- 
trate the  general  situation  of  the  islanders  previous  to  their  dispersion: 
An  aged  woman,  who  lived  on  Star  island,  kept  two  cows,  which  fed 
in  winter  on  hay  cut  in  summer  among  the  rocks  with  a  knife,  and 
with  her  own  hands.  These  useful  animals  were  always  in  excellent 
order,  and  to  her  were  invaluable.  To  her  great  sorroAv,  though  paid 
for,  they  were  taken  by  the  British  and  slaughtered  for  beef. 

The  fishermen  of  the  Isles  of  Shoals,  as  a  class,  were  moral  and 
exemplary  men  during  the  entu^e  period  embraced  in  our  inquiries. 
A  place  of  worship  was  erected  even  before  the  year  1641,  at  which 
time  the  Rev.  Mr.  Hull  was  their  minister.  They  were  disturbed, 
however,  in  1642,  by  Mr.  Gibson,  an  Episcopal  clergymian,  who  went 
among  them,  performed  services  according  to  the  rites  of  his  church, 
and  created  a  disaffection  towards  the  government  of  Massachusetts, 
which  then  claimed  to  exercise  jurisdiction  over  them.  The  Rev.  John 
Brock*  commenced  his  pastoral  labors  about  1650,  and  remained 
among  them  twelve  years.  He  was  an  excellent  man,  and  was  suc- 
ceeded by  Mr.  Belcher,  who  was  equally  worthy.  JNIr.  Moody  followed, 
in  1706,  and  continued  their  pastor  upwards  of  twenty-five  years. 
His  successor  was  the  R#v.  John  Tucke,  whose  ministry  terminated 
only  with  his  life,  in  1773.  Their  last  spiritual  guide,  previous  to  the 
general  dispersion,  two  or  three  years  afterwards,  was  the  Rev.  Jere- 
miah Shaw.  Thus  we  have  the  remarkable  fact  that  these  lone 
islanders  maintained  religious  worship,  with  hardly  an  interval,  for  one 
hundred  and  thirty-five  years.  Equally  remarkable  is  the  fact  that 
the  salary  of  Mr.  Tucke  was  regarded,  at  the  time,  as  one  of  the  most 
valuable  (his  situation  considered)  in  all  New  England.  His  stipend 
w^as  fixed  at  a  quintal  of  merchantable  winter-fish  per  man,  and  no 
change  was  made  for  fifteen  years.     This  quality  of  fish  sold  at  a 

*  Rev.  John  Brock  was  born  in  England,  in  1620;  came  to  America  about  the  year  1637, 
and  died  in  1688. 


115 

guinea  the  quintal,  and  the  number  who  contributed  to  the  good  man's 
support  vas  from  eighty  to  one  hundred. 

A  detiuled  account  of  the  suiferings  of  these  people  must  be  omitted. 
It  will  sullice  to  say  th;it,  in  the  Indian  wars,  ])lundering  excursions 
were  frequent;  that  many  females  were  carried  into  captivity ;  that  one 
island  was  entirely  deserted  by  the  settlers,  in  conseciuence  of  savage 
inroads;  and  that  strangers  are  now  shown  "Betty  Moody's  Hole,"  a 
chasm  in  the  rocks,  where,  according  to  tradition,  one  Betty  !Moody 
concealed  herself  during  an  Indian  incursion.  Poor  as  they  were,  in 
everything  but  tlie  products  of  the  sea,,  they  were  still  plunder''Ml  by 
the  infunous  Low,  and  other  pirates  who  infested  our  coast,  and  were 
disturbed  in  their  industry  by  visits  from  the  Frencli,  who  caj)tured 
their  boats  and  shallops. 

Brief,  too,  must  be  the  record  of  disasters  from  and  on  the  sea. 
Singular  to  relate,  first,  that  soon  after  the  settlement  of  these  isles,  a 
house  on  Haley's  island  was  washed  from  its  foundation  in  a  storm, 
and  carried  entire  to  Cape  Cod,  where  it  was  secured,  and  a  disco^'ery 
made  of  its  place  of  departure  by  opening  a  box  of  linen,  papers,  &c., 
which  it  contained.  Winthrop  notices  the  oversetting  of  a  shallop,  in 
1632,  and  the  drowning  of  three  fishermen,  whose  boat  was  cast  upon 
the  rocks  eleven  years  later.  Huljbard  speaks  of  "several  fishermen" 
who,  embarking  at  the  isles  a  diiy  or  two  before  Christmas,  1G71,  to 
keep  the  holiday  at  Portsmouth,  perished  in  going  on  shore  from  their 
vessel.  And  we  learn,  from  another  source,  that  in  1695,  "many 
boats  and  men"  were  lost  in  a  violent  gale.  These  instances,  to  ex- 
cept the  extraordinary  voyage  of  the  dwelling-house,  indicate,  with  some 
degree  of  accuracy,  the  perils  and  losses  of  life  and  property  n  .'t  un- 
common to  those  who  earn  their  bread  in  the  waters  that  .-urround 
these  bleak  and  barren  islands. 

That  the  fishermen  of  the  Isles  of  Shoals  are  "  a  peculiar  people" 
is  a  well-known  and  generally  accepted  saying.  The  anecdc^tes  pre- 
served of  those  of  bygone  generations  are  pertinent  to  our  purpose,  and 
will  give  a  miniature  picture  of  the  course  of  lite  among  their  fathers, 
as  well  as  account  for  some  of  the  expressions  and  habits  whiclj  con- 
tinue to  amuse  persons  from  the  continent  who  now  visit  them. 

First,  it  would  seem  that  prior  to  1647  the  court  had  ordained  that 
"no  women  should  live  upon  the  Isles  of  Shoals,"  and  that  one  .John 
Renolds,  disobeying  this  ordinance,  carried  his  wife  there  with  the  in- 
tention of  living  with  her.  This  was  not  to  be  endured  by  Richard 
Cutt,  and  his  associate,  Cutting,  especially  as  Renolds  took  with  him, 
also,  a  "great  stock  of  goats  and  hogs."  Thereupon  these  aggrieved 
men,  in  a  petition  to  the  goverinnent,  set  forth  the  fact.*;  in  the  case,  and 
prayed  for  relief  b}^  the  removal  thence  of  the  several  nuisances  of  Mrs. 
Renolds,  her  goats  and  her  swine.  Tlu;  court  gravely  consider- J  the 
matter,  and  ordered  Renolds  to  t:ike  his  Ibur-footed  property  to  the 
main  land  "within  twenty  days;"  but  wisely  concluded  that,  "as  for 
the  removal  of  his  wife,  if  no  further  comjjlaint  come  against  her,  she 
may  as  yet  enjoy  the  com{)any  of  her  husbau(L" 

Agiiin:  During  the  ministry  of  Mr.  lirock  the  fishermen  Wi?re  in- 
duced by  him  to  enter  into  an  agreement  to  .>^pe..fl  one  week  day  in 
every  month  in  religious  worship.     Ohl-c,  ho^'-ever   when  a  day  thus 


116 

set  apart  occurred,  they  desired  him  to  postpone  the  meeting,  because 
the  weather,  which  for  a  number  of  da3^s  previous  had  been  too  bois- 
terous to  allow  them  to  visit  the  fishing  ground,  had  then  become  mode- 
rate. To  this  request,  says  his  biographer,  he  would  not  consent. 
Finding  that  they  were  determined  to  "make  up  their  lost  time,"  he 
addressed  them  as  follows:  "If  you  are  resolved  to  neglect  your  duty 
to  God,  and  will  go  away,  I  say  unto  you,  catch  fish  if  you  can ;  but 
as  for  you  who  will  tarry  and  worship  the  Lord,  I  will  pray  unto  him 
for  you,  that  ijou  may  catch  fish  until  you  are  weary."  The  story  con- 
cludes with  the  averment  that  of  the  thirty-five  to  whom  this  address 
was  made,  thirty  went  to  the  fishing-gi'ound,  and  that  five  remained 
with  the  good  man  Brock.  The  thirty  caught  but  four  fish,  though 
they  labored  all  day ;  while  the  five,  who  followed  at  the  conclusion  of 
the  religious  services,  caught  Jive  hundred.  "After  this,"  says  the  nar- 
rator, the  week-day  meetings  "were  well  attended."  It  is  related  of 
Mr.  Brock,  that  on  another  occasion  he  said  to  a  poor  fisherman,  who 
had  been  very  useful  in  carrying  persons  who  attended  meeting  across 
from  island  to  island,  and  who  had  lost  his  boat  in  a  storm,  "  Go  home, 
honest  man,  I  will  mention  the  matter  to  the  Lord :  you  will  have  your 
boat  again  to-morrow."  On  the  next  day — so  closes  the  account — "  in 
answer  to  earnest  prayer  the  man  recovered  his  boat,  which  was  brought 
up  from  the  bottom  by  the  anchor  of  a  vessel,  cast  upon  it  without 
design." 

A  saying  still  familiar  among  nautical  men,  is  said  to  have  had  its 
origin  in  the  following  circumstance :  While  Mr.  Moody  was  the 
minister  at  the  isles,  a  fishing  shallop,  with  all  on  board,  was  lost  in  a 
gale  in  Ipswich  bay.  "  Mr.  Moody,  anxious  to  improve  this  melancholy 
event  for  the  awakening  of  those  of  his  hearers  who  were  exposed  to 
the  hke  disaster,"  put  home  the  case  in  "  language  adapted  to  their 
occupation  and  understanding,"  thus;  "Supposing,  my  brethren,  any 
of  you  should  be  taken  short  in  the  bay,  in  a  northeast  storm,  your 
hearts  trembhng  with  fear,  and  nothing  but  death  before  you ;  whither 
would  3^our  thoughts  turn?  what  would  you  do?"  "What  would  I 
do?"  replied  a  fisherman,  '''wJnj,  1  should  hoist  the  foresail  and  scud  away 
for  Sguom.^^  To  explain  the  wit  or  point  of  the  answer,  it  is  necessary 
to  add  that  Squam  harbor,  on  the  north  side  of  Cape  Ann,  was  a  noted 
place  of  shelter  lor  fishing  vessels  when  in  the  position  supposed  by 
Mr.  JMoody. 

At  a  time  when  piracies  were  committed  on  the  coast,  a  fisherman  of 
the  name  of  Charles  Randall,  with  others,  were  taken  by  some  free- 
booters and  whipped  with  great  severity.  This  act  perpetrated,  the 
pirates  said,  "You  know  old  Dr.  Cotton  Mather,  do  you?"  "Yes," 
was  the  reply,  "we  have  heard  of  him  as  a  very  good  man."  "  Well, 
then,"  rejoined  the  gang,  "our  orders  are,  to  make  each  of  you  jump 
up  three  times,  and  say  each  time,  'Curse  Parson  Mather,'  otherwise 
you  are  all  to  be  hanged."     Randall  and  his  companions  complied. 

In  conclusion.  A  worth}^  deacon,  reading  a  line  in  the  old  version  of 
the  Psalms,  said,  "And  I  know  more  than  all  the  Indians  do;"  when 
he  should  have  read,  "And  I  know  more  than  all  the  ancients  do." 
Whereupon  "one  of  the  assembly,  who  had  more  wit  than  piety,  ac- 
quainted with  the  craftiness  and  shrewdness  of  Indians,  rose  and  ad- 


117 

dressed  the  deacon  in  a  loud  voice,  'If  you  do,  you  are  a  plaguy  cun- 
ning man.' " 

I  will  only  add  that  the  words,  "7m'///  make  you  fishors  of  men s''  were 
used  as  the  text  at  the  ordination  of  Mr.  Tucke;  and  that  among  the 
votes  passed  by  the  inhabitants  at  the  time  of  his  settlement,  was  one 
imposing  a  fine  of  "fortv  shillings  old  tenor"  on  all  who  "every  fall, 
when  he  has  his  wood  to  carry  home,  is  able  to  come,  but  will  not 
come." 

Such  is  a  rapid  view  of  afliiirs  at  the  eight  islands  that  lie  off  the 
entrance  of  the  Piscataqua,  while  they  belonged  to  the  British  crown. 

MASSACHUSETTS. 

From  1614  to  the  Rcvoliitlonary  Controversy. 

The  settlement  of  Massachusetts  is  to  be  traced  directly  to  the  fish- 
eries. Lest  this  statement  should  be  thought  too  broad,  and  to  need 
qualification,  1  will  cite  from  the  best  authorities  extant  to  sustaip  it. 
And  first,  Hubbard,  who  says  the  "  occasion"  of  planting  this  colony 
was,  that,  "As  some  merchants  from  the  west  of  England  had  a  long 
time  frequented  the  parts  about  Monhegan,  for  the  taking  of  fish,  &c., 
so  did  others,  especially  those  of  Dorchester,  make  the  hke  attempt 
upon  the  northern  promontory  of  INIassachusetts  Bay,  in  probability  first 
discovered  by  Captain  Smith  before  or  in  the  year  1614,"  and  called 
Cape  Ann,  in  honor  of  the  royal  consort  of  King  James.  "  Here,"  he 
continues,  "  did  the  aforesaid  merchants  first  erect  stages  whereon  to 
make  their  fish,  and  yearly  sent  their  ships  thither  for  that  end,  for 
some  considerable  time,  until  the  fame  of  the  plantation  at  New  Ply- 
mouth, with  the  success  thereof,  was  spread  abroad  through  all  the 
western  parts  of  England,"  &c.  Again,  he  says  that,  "  On  this  con- 
sideration it  was  that  some  merchants  and  other  gentlemen  about  Dor- 
chester did,  about  the  year  1624,  at  the  instigation  of  Mr.  White,*  the 

*  The  Rev.  John  White  (as  stated  in  the  Chronicles  of  Massachusetrs)  was  bom  in  1575,  and 
in  IfidS  became  rector  of  a  parish  in  Dorchester.  He  removed  from  that  place,  and  was  ali- 
sent  for  several  years,  hut  n-ninied  to  Dorchi-ster,  and  died  there  in  lt)lH.  In  the  civil  wars 
in  England  he  took  sides  with  tlic  rnritans.  He  was  one  (d'  the  assembly  of  divines  of  West- 
minster, and  "  sliowed  himself  one  of  the  most  learned  and  moderate  amonu  them,  and  his 
judgment  was  much  relied  on  thi^rein."  Callemler,  in  his  Historical  Discourse  on  Khode 
Island,  calls  him  tiu!  "  fatiier  of  the  Massachusetts  colony."'  His  name  often  occurs  in  the 
meetin;fs  of  the  Massachusetts  Comjiany  in  London.  Tiie  church  in  wiiich  he  preached  in 
Dorchester  was  deuiolisiied  in  \f*Z\.  That  city,  the  "  cradle  of  the  Massuchusetts  colony," 
Bends  two  members  to  Parliament;  it  is  on  the  river  Frome,  I'JO  nnles  from  London. 

The  "Planter's  I'h'a,"  a  tract  wliirh  was  printed  in  Lfuidon  in  KiMO,  soon  after  Winthrop 
and  his  cfimpany  sailed  for  Massacliusetrs,  has  L'eiierally  been  ascrilied  lo  Mr.  White.  A  chap- 
ter of  this  tract  is  to  be  found  in  Young's  Chronicles  of  ^lassachusetts.  It  fully  warrants  tlie 
etatements  in  the  text  in  relation  to  the  original  objects  of  colonization,  as  the  fallowing  ex- 
tracts will  show: 

"  Abont  the  year  1623,"  flays  Mr.  White,  or  the  writer  of  the  Plea,  "some  westeni  merchants, 
who  had  continued  a  traih-  of  fishing  for  cod  atid  bartering  for  furs  in  those  parrs  for  divers 
years  before,  eoneeiviiig  that  a  culony  planted  on  the  eoast  might  further  tlu'in  in  tiiose  eni- 
phtymi-nts,  bctlioUKJit  tbemselve.s  how  they  mii.'lit  ItIhu  tiiat  ]M-oject  to  cHect,  tind  conuniini- 
cated  their  purpose  to  others,  ftlleiring  tlie  coMveniency  of  cmnpassing  liu'ir  project  witii  a 
small  ciiarue,  by  the  o])portunity  <d"  their  hshing  tnide,  in  wiiich  they  accustomed  to  doulde- 
man  tln-ir  whips,  that,  by  the  hei|i  of  many  haiicis,  they  migiit  despateii  their  voyage  and  hule 
their  ship  with  lish  while  the  fishing  season  lasted,  which  could  not  be  douo  with  a  bare  sailing 


118 

famous  preacher  of  that  town,  upon  a  common  stock,  together  with 
those  that  were  coming  to  make  fish,  send  over  sundry  persons  in 
order  to  the  carr^n'ng  on  a  plantation  at  Cape  Ann,  conceiving  that 
planting  on  the  land  might  go  on  equally  with  fishing  on  the  sea,  in 
those  parts  of  America.  Mr.  John  Tylly  and  Mr.  Thomas  Gardener 
were  employed  as  overseers  of  that  whole  business — the  first  with 
reference  to  the  fishing,  the  other  with  respect  to  the  planting  on  the 
main  land,"  &c. 

Holmes,  in  his  American  Annals,  states  that,  "the  fame  of  the  plan- 
tation at  Plymouth  being  spread  in  the  west  of  England,  Mr.  White,  a 
celebrated  minister  of  Dorchester,  excited  some  merchants  and  other 
gentlemen   to   attempt   another  settlement   in   New  England.     They 

company.  Now,  it  was  conceived  that,  tlie  fishinsj;  being  ended,  the  spare  men  that  were  above 
their  necessary  sailors  might  be  left  behind,  with  provisions  for  a  year:  and  when  that  ship 
returned  the  next  year  they  might  assist  them  in  fishing,  as  they  had  done  the  fonuer  year ; 
and,  in  the  mean  time,  might  employ  themselves  in  building  and  planting  corn,  which,  with  the 
provisions  of  fish,  fowl,  and  venison  that  the  laud  pelded,  would  aftbrd  them  the  chief  of  their 
ibod.  This  proposition  of  theirs  took  so  well,  that  it  drew  on  divers  persons  to  join  with  them 
in  this  project ;  the  rather  because  it  was  conceived  that  not  only  their  own  fishermen,  but  the 
rest  of  our  nation  that  went  thither  on  the  same  errand,  might  be  much  advantaged,  not  only 
by  fresh  victuals  which  that  colony  might  spare  them  in  lime,  but  withal,  and  more,  by  the 
benefit  of  their  ministers'  labors,  which  they  might  enjoy  during  the  fishing  season;  whereas 
otherwise,  being  usually  upon  those  voyages  nine  or  ten  mouths  in  a  year,  they  v/ere  left  all 
the  while  without  any  means  of  instruction  at  all.  Compassion  towards  the  fishermen,  and 
partly  some  expectation  of  gain,  prevailed  so  fixr,  that  fi)r  the  planting  of  a  colony  in  New 
England  there  was  raised  a  stock  of  more  than  £3,000,  intended  to  be  paid  in  in  five  years, 
but  afterwards  disbursed  in  a  shorter  time." 

Such,  then,  was  the  original  design.  We  next  have  an  account  of  the  operations  and  dias- 
ters  of  the  contributors  of  this  fund.  "The  first  employment,"  continues  the  writer,  "of  this 
new  raised  stock,  was  in  buying  a  small  ship  of  fifty  tons,  which  was,  with  as  much  speed  as 
might  be,  despatched  towards  New  England  upon  a  fishing  vf)yage.  *  *  .  *  Now, 
by  reasim  the  voyage  was  undertaken  too  late,  she  came  at  least  a  month  or  six  weeks  later 
than  the  rest  of  the  fishing  ships  that  went  for  that  coast ;  and  by  that  means  wantmg  fish  to 
make  up  her  lading,  the  master  thought  good  to  pass  into  Massachusetts  bay,  to  try  whether 
that  would  yield  him  any,  which  he  performed ;  and  speeding  there  better  than  he  had  reason 
to  expect,  having  left  his  spare  men  behind  him  in  the  countiy  at  Cape  Ann,  he  returned  to 
a  late,  and  consequently  a  bad  market  in  Spain,  and  so  home."  The  loss  incun'ed  in  this 
voyage  was  upwards  of  £600. 

The  company,  the  next  year,  bought  a  "Flemish  fly-boat"  of  about  one  hundred  and  forty 
tons,  which,  relates  the  writer.  "  being  unfit  for  a  fishing  voyage,  as  being  built  mei'ely  for 
burthen,  and  wanting  lodging  for  the  men  which  she  needed  for  such  an  emplojiuent,  they 
added  unto  her  another  deck,  (which  seldom  proves  well  with  Flemish  buildings,)  by  which 
means  she  was  carved  so  high  that  she  proved  wait,  (crank.)  and  unable  to  bear  any  sail;  so 
that  before  she  could  pass  on  upon  her  voyage,  they  were  fain  to  shift  her  first,  and  put  her 
upon  a  better  trim,  and  afterwards,  that  proving  to  little  purpose,  to  unlade  her,  and  take  her 
up  and  fur  her.  *        *         *  ^mj  ^yii^^.^  gi^g  arrived  in  the  country,  being  directed  by 

the  master  of  the  smaller  ship,  upon  the  success  of  his  former  year's  voyage,  to  fish  at  Cape 
Ann,  not  far  from  Massachusetts  bay,  sped  very  ill,  as  did  also  the  smaller  ship  that  led  her 
thither,  and  found  little  fish ;  so  that  the  greater  ship  returned  with  little  more  than  a  tkird 
part  cf  her  lading,  and  came  back  (contrary  to  her  order,  by  which  she  was  consigned  to  Bour- 
deaux)  directly  for  England ;  so  that  the  company  of  adventiu'crs  was  put  to  a  new  charge  to 
hire  a  small  ship  to  carry  that  little  quantity  offish  she  brought  home  to  market."  These  two 
ships  left  behind  them  at  Cape  Ann  thirty-two  men.  In  1(525  three  vessels  were  employed, 
but  with  continued  loss.  In  ]6'26,  the  "  adventurers  were  so  fitr  discouraged  that  they  aban- 
doned the  ftirther  prosecution  of  this  design,  and  took  order  for  the  dissolving  of  the  company 
on  land,  and  sold  away  their  shipping  and  other  provisions." 

Most  of  the  fishermen  and  other  persons  in  the  adventurers'  eraplojTnent  at  Cape  Ann  re- 
turned to  England ;  "  but  a  few  of  the  most  honest  and  industrious  resolved  to  stay  behmd, 
and  to  take  charge  of  the  cattle  sent  over  the  year  before,  which  they  performed  accordiui;ly. 
And  not  liking  their  seat  at  Cape  Ann,  chosen  especially  for  the  supposed  commodity  of  fish- 
ing, they  transported  themselves  to  Nahum-Keikc,  [Salem,]  about  four  or  five  leagues  distant 
to  the  southwest  from  Cape  Ann." 


119 

accordingly,  on  a  common  stock,  sent  over  several  persons,  who  began 
a  plantation  at  Cape  Ann,*  and  held  this  place  of  the  Plyuiouth 
settlers,  for  wlioni  they  set  up  here  a  fishing  stage." 

We  have  thus  tlie  positive  declarations  that  the  success  of  the  English 
merchants  in  fishing  about  the  island  of  Munhegan,  in  Maine,  and  of 
the  l^'lgrims  at  Plj'moulh,  were  the  original  and  moving  causes  of 
attempting  to  settle  a  second  colony  in  New  England.  As  the  good 
minister  Robinson  was  the  principal  f()und(T  of  the  first,  so  tlie  pastor 
White  was  like  instrumental  in  promoting  tlie  last.  The  gcner;d  ac- 
curacy of  Hul:>bard  and  Hohnes  will  not  be  disputed.  The  latter,  in 
this  particular  case,  must  have  been  well  informed.  Ipswich,  of  which 
town  he  was  the  minister,  was  a  noted  and  favorite  station  f{)r  the 
English  fishing  ships  that  came  to  the  coast  previous  to  the  colonization 
of  jNIassachusetts ;  and,  aside  from  the  facilities  of  acquiring  informa- 
tion from  that  source,  he  was  pcrson;dly  acquainted  with  lloger  Conant, 
the  great  actor  in  the  events  of  which  we  are  now  to  speak.t 

In  the  fisher}'  at  Cape  Ann,  the  minister  White  seems  to  have  had  a 
personal  interest.  In  1625,  Conant,  at  his  instance,  was  appointed  to 
succeed  Tylly  and  Gardener  in  the  management  of  the  company's  con- 
cerns diere.  Conant  was  already  in  New  England.  He  arrived  at 
Plymouth  in  1623;  but  unhappy  there,  and  averse  to  the  rigid  views 
of  the  IMlgrims,  thougli  himself  a  religious  man,  had  removed  thence  to 
Nantaskct.  He  undertook  the  fishery,  which,  proving  unprofitable, 
was  abandoned.  "  He  disliked  the  place  as  much  as  the  merchants 
disliked  the  business  ;"  and,  pleased  with  Naumkeak,  (Salem,)  re- 
moved there.  Deserted  by  his  employers,  and  helpless  mid  hordes  of 
savages,  he  was  advised,  implored,  and  warned  to  quit  the  country. 
Discomfiture  and  ruin  had  attended  the  efforts  of  some  of  the  best  men 
in  Enoland  to  colonize  Newfoundland  ;  death  and  other  sad  calamities 
had  put  an  end  to  the  colony  attempted  in  Maine;  the  plantation  at 
Weymouth  had  ])roduccd  a  harvest  of  sorrow  and  povertv  to  its  pro- 
jector;  the  colony  at  Plymouth  survived,  but  a  single  boat  and  net  had 
alone  saved  it  from  utter  extmction  ;  and  now,  the  destiny  of  Massa- 
chusetts was  suspended  upon  the  decision  of  an  ejected  manager  of  a 
fishery.     Conant  knew  and  said  that  he  staid  at  his  post  at  the  hazard 

*  Cdllf^fl  Gloncostpr  in  1642. 

+  Tlic  llcv.  Williiiiu  Ilubbanl  was  born  in  Eii<;laiul  in  1021,  and  eaino  to  Auit'iica  with  Lis 
father  in  lt):{."j.  lIi-waK  tjradiiateil  at  Harvard  I'liivcrsity,  in  the  tirst  class,  in  1()4"J.  He  was 
Bfttliid  at  Ii>swicli,  MassaciiuHctts,  and  died  tiii-re  in  1701,  agi-d  >^'A  years.  His  History  (if  New 
Enclaiid  rcniaiued  in  niannscriiit  nntil  1:-<1."),  wiien  it  was  pubiislied  iiy  tiie  ilnssaclnisett.s  His- 
torical Siiciety,  as  a  jiart  of  their  (.'(dlections. 

"The  most  oritrinal  and  valuable  ]»art  of  Hutdiard's  historj',"  remarks  Dr.  Yonnir,  in  tho 
Chronicles  of  Massacluiseits,  is  the  chapter  "  in  which  he  ^ives  ws  a  siatenient  id'liicrs  in  rela- 
tion to  flu-  first  settlements  (It  C'ajie  .\nn  and  Salem,  which  can  Ite  liiund  nowhere  else."  Tlieso 
facts  fhelc;inie<l  Doctor  inclines  to  believe  Hubbard  obtained  from  Conant  himsell'.  "  Living 
nt  Ipswich,  he  must  have  licen  ac(|ii;iinfed  with  this  jirnniiiient  <dd  planter,  who  resided  but  a 
few  miles  from  him,  at  IJeveriy,  and  who  Kurvived  till  HiT'.l.  Somo  of  the  facts  which  he  re- 
lates he  could  hardly  have  obfaineil  from  any  otlu'r  source."  *  *  "We  may 
therefore  consider  that  *  *  *  we  have  Ko;;fr  Conant's  own  narrative,  as  taken  down  by 
Hubbard  in  the  conversations  which  ho  held  with  him  when  collecting  the  nuiterial.s  for  his 
history." 

Conant  is  everywhero  spoken  of  in  terms  of  reH|>ect,  and  was  an  excellent  man.  '•  Tho 
Bni)erior  condition  of  the  persons  who  came  over  with  iLu  charter  ciust  a  sluule  ui)on  him,  and 
he  lived  iu  obscurity." 


120 

of  his  life.  The  minister  White,  grieved  that  his  associates  had  so 
suddenly  relinquished  their  designs,  entreated  him  to  remain,  promising 
to  send  over  a  patent,  men,  provisions,  and  merchandise,  to  open  a 
trade  with  the  Indians.  "  As  if  animated  with  some  superior  instinct," 
and  with  visions  of  a  future  home  for  the  stricken  and  hunted  men  of 
his  own  faith,  he  hstened  to  the  wise  and  courageous  pastor's  sohcita- 
tions. 

Three  trusty  companions,*  designated  by  Mr.  White,  consented  to 
share  his  fate ;  but  these,  repenting  of  their  engagement,  finally  pressed 
him  to  depart  with  them  to  Virginia.  In  the  loftiness  of  his  virtue  he 
uttered  "  Here  will  I  wait  the  providence  of  God,  though  all  should 
forsake  me!"  They  pledged  themselves  anew  to  remain  with  him; 
and  one  of  them  was  soon  despatched  to  England  to  procure  supplies, 
to  renew  the  attempt  to  found  a  colony. 

Meanwhile,  Mr.  White,  true  to  his  promises,  never  lost  sight  of 
Conant,  or  of  Massachusetts.  The  integrity  and  zeal  of  both  were  in 
due  time  rewarded  with  success.  In  1627,  when  Sir  Henry  Roswell, 
Sir  John  Young,  and  other  gentlemen,  had  purchased  the  country  be- 
tween the  Merrimack  and  the  Charles  rivers,  Mr.  White  caused  these 
patentees  to  become  acquainted  with  persons  of  similar  rank  in 
London,  and  thus  enlisted  Winthrop,  Johnson,  Sir  Richard  Saltonstall, 
Cradock,  and  others,  in  the  enterprise  which  he  himself  so  untiringly 
promoted.  The  London  gentlemen  were  at  first  associated  with  those 
of  Dorchester;  but  in  the  end,  became  the  sole  patentees.  Of  this 
second  company  Endicott  was  the  first  agent,  and  on  his  arrival  at 
Salem,  in  1628,  he  succeeded  Conant  in  the  management  of  affairs. t 

It  is  important  to  remember  that  the  London  company,  by  their 
purchase,  did  not  become  proprietors  of  a  charter  under  which  to 
people  and  govern  a  Commonwealth,  but  merely  of  a  common  patent 
granted  for  purposes  of  trade,  and  similar  to  several  that  had  been 

*  These  persons  were  John  Woodburj%  John  Batch,  and  Peter  Palfrey.  "  All  bearing  the 
Dame  of  Woodbury,  in  New  England,  probably  descend  from  John,  or  his  brother  William." 
A  son  of  Balch  subsequently  married  a  daughter  of  Conant.  The  Hon.  John  G.  Palfrey  claims 
Conant's  associate,  Peter,  as  his  ancestor. — Chron.  Mass. 

t  Endicott,  after  his  arrival  to  supersede  Conant  and  his  associates,  desired  the  company  in 
England  to  send  him  over  a  "Frenchman  experienced  in  making  of  salt  and  planting  of  vines." 
In  answer  to  this  request  the  company  informed  him,  April,  1629,  "We  have  inquired  dili- 
gently for  such,  but  cannot  meet  with  any  of  that  nation.  Nevertheless,  God  hath  not  left  us 
altogether  unprovided  of  a  man  able  to  undertake  that  work ;  for  that  we  have  entertained 
Mr.  Thomas  Graves,  a  man  commended  to  us  as  well  for  his  honesty  as  skill  in  many  things 
useful.  First,  he  professcth  great  skill  in  the  making  of  salt,  both  in  ponds  and  pans,  as  also  to 
find  out  salt  springs,  or  mines,"  &e.  Graves  arrived  at  Salem  in  June,  1629,  but  did  not 
remain  in  America,  probably,  many  years. 

In  1629,  the  Massachusetts  company  sent  over  from  England  "  twenty-nine  weight "  of  salt 
in  the  Mayflower,  Four  Sisters,  and  Pilgrim,  "  together  with  lines,  hooks,  knire.'*,  boots,  and 
barrels,  necessarj-  for  fishing ;"  with  directions  to  employ  their  men  "  either  in  harbor  or  upon 
the  bank,"  and  with  a  desiie  to  their  agent  "  to  confer  and  advise  with  Mr.  Peirce,  who  hath 
formerly  fished  there." 

The  Mr.  Peirce  here  mentioned  was  a  celebrated  navigator  of  the  time.  The  "  Mayflower," 
of  which  he  was  in  command  in  1629,  was  the  same  that  brought  over  the  Pilgiims  to  Plymouth 
nine  years  previou.sly  Ho  was  an  experienced  fisherman.  In  1630  he  was  master  of  the 
Lion,  and  arrived  at  Salem  in  May  of  that  year.  He  was  again  at  Salem  and  at  Boston,  ih 
the  same  vessel,  in  1631 ;  when  his  arrival  was  the  occasion  of  much  joy,  as  the  colonists  were 
famishing,  and  he  came  "  laden  with  provisions."  It  was  ai)prehended  that  he  had  been  "  cast 
away,  or  taken  by  pirates."  "The  celebrated  Roger  Williams  and  his  wife ''  were  passengers 
with  Captain  Peirce  in  1631. — Chron.  Mass. 


121 

previouply  obtainod  by  other  companies  that  designed  to  adventure  for 
tish  and  furs  elsewhere  in  America.  The  original  plan  of  Winthrop, 
Saltonstall,  and  their  associates,  while  it  embraced  a  s(;ttlement  of 
their  domain,  still  provided  that  the  controlling  power  should  remain 
in  f^ngland.  Mathew  Cradock,  a  rich  London  merchant,  in  accord- 
ance with  this  arrangement,  was  appointed  by  the  patentees  their  first 
governor,  in  the  sense  that  the  head  of  the  Bank  of  England  is 
denominated  "the  governor"  of  that  institution.  Cradock,*  subse- 
quently, not  only  relinijuished  his  olHce  volnntarily,  but  proposed  the 
measure  of  transferring  the  government  to  the  actual  settlers. 

The  wise,  magnanimous,  and  patient  Winthrop  was  his  successor, 
and  the  first  governor  of  the  company  who  came  to  America.  He 
arrived  in  IG^iO,  with  a  considerable  body  of  colonists.  Disembarking 
at  Salem,  he  soon  removed  to  Charlestown,  and  thence  crossed  the  river 
to  Boston,  where  he  fixed  his  permanent  home.  These,  as  I  under- 
stand the  subject,  are  the  principal  facts  that  relate  to  the  origin  of 
Massachusetts. 

In  passing  from  the  topic,  a  single  word  more  of  Roger  Conant. 
His  history  has  not  been  written  ;  it  exists  only  in  fragments.  He 
was  a  good  man.  He  possessed  the  true  test  of  merit,  for  he  never 
clamored,  or  even  asked,  for  reward.  In  his  old  age,  he  did  indeed 
petition,  that  as  "Budleigh,"  in  England,  was  his  birth-place,  so 
*'Budleigh,"f  in  America,  might  be  his  burial-place;  but  this  poor 
boon  was  denied  to  the  Christian  hero,  who  stood  by  and  saved  the 
colony  in  the  hour  of  extremity.  If  men  would  be  remembered  by 
tliose  who  come  after  them,  they  must  win  battles,  or  acquire  position 
in  the  State.  Roger  Conant  was  but  an  humble  superintendent  of  a 
fishery,  and  of  a  plantation  undertaken  among  the  bare  rocks  of  Glou- 
cester, and  is  forgotten. 

William  Brewster,  of  the  Pilgrim  band  of  Plymouth,  was  an  accom- 
plished scholar,  and  a  man  of  distinguished  talents;  in  Europe  he  was 
engaged  In  diplomacy,  and  was  an  intimate  friend  of  the  minister  of 
Queen  Elizabeth,  who  signed  the  death-warrant  of  the  beautiful  Mary 
Stuart,  Queen  of  Scotland;  but  in  America  he  was  simply  "a  ruling 
elder  in  the  church;"  and  he,  too,  has  passed  from  the  memory  of  all, 
save  the  students  of  history. 

We  are  now  to  trace  the  progress  of  the  fisheries  of  Massachusetts, 
and  record  a  serious  quarrel  at  the  outset.  The  circumstances,  briefly 
related,  were  these:  The  Pilgrims  at  Plymouth,  and  the  merchants  in 
England  who  were  interested  with  lliem,  seem  to  have  built  a  fishing- 
stage  and   provided  other  accommodations   at  Cape  Ann,  in  1G24,| 

*  Governor  Cradock  waR  a  nicmbor  of  Parliament  for  London  in  1640.  "A  doscendant, 
Griiru.1'  Cni<l(K'k,  was  an  iahiil)itiiiit  of  I'osloii  in  tiitMiiiddlfMif  the  lust  century." — C'liron.  Mass. 

t  TliiK  was  in  J()71,  after  tiie  second  division  of  Salem,  and  after  tlio  ineorporaticin  of  Hev- 
erly,  which  name  was  ado])ted  wiUiont  consiiitiMy  Conant  and  his  friends.  H(>  pave  two  reasons 
in  his  petition  for  a  eiiant;e  of  the  name;  one,  that  the  ]teo|)it>  were  constantly  nick-named 
"bfirirfirhi;"  anil  the  other,  that  those  who  remained  with  him  in  tlie  crisis  meniioiicd  in  tho 
t<?xt,  as  well  as  himself,  were  l)orn  in  "  15iidlei:,'li."  lie  Itiiijt  the  lirst  house  in  Salem,  and  hia 
son  Kot,'er  was  the  lirst  white  child  horn  there.     He  died  in  IJevt^rly,  KiTil,  at  the  aye  of  s'.t. 

t  The  coliiny  of  Plymouth  ohiained  a  patent  ef  Ciipe  Aim  ahout  the  year  Ki'Jii,  and  sent 
ves.sejs  ih(!re  to  fish.  A  "stage,"  for  the  uccuiumodatiou  of  ihcir  litjherinfu,  was  built  ut  the 
Cape  in  l(J24. 


122 

which  one  Hewes,  in  command  of  a  West  of  England  ship,  occupied 
in  the  absence  of  the  Plymouth  fishermen.  Hewes  acted  under  the 
orders  of  these  merchants,  who  now,  it  further  appears,  had  dissolved, 
or  were  about  to  dissolve,  their  business  relations  with  the  Pilgrims, 
and  some  of  whom,  on  account  of  the  difficulties  that  had  occurred, 
cherished  an  enmity  towards  them.  On  hearing  that  Hewes  had  taken 
possession  of  the  stage,  Governor  Bradford  ordered  the  renowned  In- 
dian-slayer, Miles  Standish,  to  eject  him.  Hewes  refused  to  yield,  and 
Standish  resolved  to  employ  force.  Hewes  made  a  sort  of  breast-work 
on  the  stage  of  the  casks  used  in  fishing,  and  was  thus  strongly  fortified, 
while  his  opponents  were  on  the  land  and  almost  at  his  mercy.  At  the 
point  of  collision  and  bloodshed,  Conant  (of  whom  we  have  spoken) 
and  Captain  Pearce,  a  fast  friend  of  the  Plymouth  settlers,  who  was 
also  there  with  a  fishing-ship,  interposed  their  good  offices,  and  suc- 
ceeded in  compromising  the  difficulty,  Hewes  and  his  men  agreeing  to 
erect  another  stage. 

The  next  incident  that  deserves  our  attention  is  of  a  different  nature. 
Mr.  Higginson,  the  first  minister  of  Salem,  arrived  in  1629.  About  one 
hundred  of  the  colonists  died  before  the  close  of  the  following  year, 
and  among  them  this  excellent  divine.  He  wrote  a  tract  called  "New 
England's  Plantation,"  which  was  published*  in  1630,  and  contains 
the  following  glowing  description  of  the  treasures 'of  our  seas:  "The 
abundance  of  sea-fish,"  he  says,  "are  almost  beyond  believing,  and 
sure  I  should  scarce  have  believed  it,  except  I  had  seen  it  with  mine 
own  eyes.  I  saw  great  store  of  whales  and  grampusses,  and  such 
abundance  of  mackerels  that  it  would  astonish  one  to  behold,  likewise 
codfish  in  abundance  on  the  coast,  and  in  their  season  are  plentifully 
taken.  There  is  a  fish  called  bass,  a  most  sweet  and  wholesome  fish 
as  ever  I  did  eat;  it  is  altogether  as  good  as  our  fresh  salmon,  and  the 
season  of  their  coming  was  begun  when  we  came  first  to  New  Eng- 
land in  June,  and  so  continued  about  three  months'  space.  Of  this  fish 
our  fishers  take  many  hundreds  together,  which  1  have  seen  lying  on  the 
shore,  to  my  admiration:  yea,  their  nets  ordinarily  take  more  than  they 
are  able  to  hall  to  land,  and  for  want  of  boats  and  men  they  are  con- 
strained to  let  many  go  after  they  have  taken  them,  and  yet  some- 
times they  fill  two  boats  at  a  time  with  them.  And  besides  bass, 
we  take  plenty  of  scate  and  thornbacks,  and  abundance  of  lobsters, 
and  the  least  boy  in  the  plantation  may  both  catch  and  eat  what  he  will 
of  them.  For  my  own  part  I  was  soon  cloyed  with  them,  they  were 
so  gi-eat  and  fat,  and  luscious.  I  have  seen  some  myself  that  have 
weighed  sixteen  pounds  ;  but  others  have  had,  divers  times,  so  great 
lobsters  as  have  weighed  twenty-five  pound,  as  they  assure  me.  Also 
here  is  abundance  of  herring,  turbut,  sturgeon,  cusks,  haddocks,  mul- 
lets, eels,  crabs,  muscles  and  oysters.  Besides,  there  is  probability 
that  the  country  is  of  an  excellent  temper  for  the  making  of  salt ;  for 
since  our  coming  our  fishermen  have  brought  home  very  good  salt, 

*  The  Rev.  Francis  Higginson  was  born  in  1588,  and  was  educated  at  Cambridge,  England. 
Excluded  from  his  pulpit  for  non-conformity,  he  was  invited  to  come  to  America  by  the  com- 
pany engaged  in  the  colonization  of  Massachusetts.  He  was  ordained  at  Salem,  in  August, 
1629.  He  left  a  wife  and  eight  children,  who,  after  his  decease,  removed  to  Charlestowii, 
Massachusetts,  and  subsequently  to  New  Haven,  Connecticut. 


123 

which  they  found  candied,  by  the  standing  of  the  sea-water  and  the 
heat  of  the  sun,  upttn  a  rock  Ijy  the  sea-shor(^;  and  in  divers  salt 
marshes  that  some  have  gone  through,  they  have  tbund  some  snU  in 
some  places  crushing  under  their  feet  and  cleaving  to  their  shoes." 

Winthrop*  followed  with  his  colony,  as  has  been  observed,  in  1630, 
and  records  in  his  journal  that  on  the  passage,  "we  put  our  ship  in 
stays,  and  took,  in  less  than  two  hours,  with  a  few  hooks,  sixty-seven 
codHsh,  most  of  them  very  great  fish,  some  a  yard  and  a  half  long  and 
a  yard  in  compass."  And  again  he  says,  "we  heaved  out  our  hooks, 
and  took  twenty-six  cods:  so  we  all  feasted  with  lish  this  day."  And 
still  further,  a  few  days  afterwards,  "we  took  many  mackerels,  and 
met  a  shallop,  which  stood  from  Cape  Ann  towards  the  Isles  of  Shoals, 
which  belonged  to  some  English  fishermen." 

These  passages  are  selected  from  the  many  relating  to  our  subject, 
which  are  to  be  found  in  the  journals,  letters,  and  other  documents  of 
the  time,  not  only  for  the  purpose  of  showing  the  impressions  of  the 
early  settlers,  but  their  accounts  of  the  manner  of  fishing,  and  the 
nature  of  the  intelligence  which  thcv  transmitted  to  England  to  induce 
additional  emigrations.  A  single  illustration  of  the  sufferings  of  the 
colonists,  and  of  their  dependence  upon  the  seas  for  support,  and  even 
to  ]->reservc  them  from  utter  starvation,  as  at  Plymouth,  may  properly 
follow. 

Johnson,  who  came  over  in  1630,  (and  probably  in  Winthrop's  fleet,) 
who  was  a  member  of  the  House  of  Representatives  upwards  of  twenty- 
five  j'ears,  and  speaker  of  that  body  in  1655,  in  his  curious  but  very 
valuable  w^ork — "Wonder  Working  Providence  of  Sion's  Saviour  in 
jN'ew  England,"  published  in  London  in  1654t — speaks  of  persons 
who,  "in  the  absence  of  bread,  feasted  themselves  with  fish;  the 
women,  once  a  da}^  as  the  tide  gave  way,  resorting  to  muscles  and 
clarn-l)anks,  where  they  daily  gathered  their  families'  f"ood  with  much 
hea^■cnly  discourse  of"  the  provisions  Christ  had  formerly  made  for 
many  thousands  of  his  followers  in  the  wilderness:"  of  mothers,  meek 
and  resigned  in  their  destitution,  who  smiled  over  their  children,  fancy- 
ing that  they  were  as  "fat  and  lusty  with  feeding  upon  muscles,  clams, 
and  otlicr  fisli,  as  they  were  in  Eni^land  with  theii-  fill  of  bread,  wliich 
made  them  cheerful  in  the  Lord's  providing  lor  then):"  of  others,  wiio, 
mid  "the  great  straits  this  wilderness  people  were  in,"  were  relieved 
because  "Christ  caused  aliundance  of  veiy  good  fish  to  come  to  their 
nets  and  hooks:"  and  f)f  still  others,  who,  "unprovided  with  these 
mf\'ms,  caught  them  with  their  hands;  and  so  with  fish,  wild  onions, 
and  other  herbs,  were  sweetly  satisfied  till  otlier  provisions  came  in:" 
and,  finally,  that  "this  year  of  sad  distress  was  ended  with  a  terrible 
cold  winter,  with  weekly  snows,  and  fierce  frosts  between,  while  con- 
gealing Charles  river,  as  well  from  the  town  to  seaward  as  above,  in- 

"  John  Winthnip,  first  rcsidrM  govoraor  of  Massachusetts,  was  bom  in  Grotoii,  Kiicliiiul, 
in  l."s7,  and  wiis  bred  to  the  liiw.  IIo  \va«  a  man  of  oonsiib'rnbln  fortuno.  He  arrived  nt 
Salrii).  Jiiiii',  KkJO.  llis  joiiriiul  of  occurrences  in  the  colnny,  down  to  the  year  KiH,  as 
edited  by  tlie  Hon.  James  .Savage,  of  Hostoii,  18  one  of  tiie  most  valiialde  works  extant  ro  {\m 
lovers  of  Americau  histoiy.  He  died  ui  1G4'.),  aged  (il,  "worn  out  liy  toils  aii<l  depressed  by 
artlictioiis." 

*  iiopublished  in  parts,  in  several  volumes  of  Coll.  Mass.  His.  Soc,  necond  sericd. 


124 

somuch  that  men  might  frequently  pass  from  one  island  to  another  upon 
the  ice."* 

The  aspect  of  affairs  was  soon  changed.  The  arrivals  of  articles  of 
necessity  from  England,  the  opening  of  the  soil  to  husbandry,  and  the 
building  of  vessels,  afforded  the  colonists  ample  relief  in  the  course  of 
a  few  years.  The  "Blessing  of  the  Bay,"  a  little  barque  of  thirty 
tons,  was  launched  as  early  as  1631.  Her  name  indicates  the  feelings 
of  Governor  Winthrop,  who  built  her;t  and  relates  in  a  word  the  story 
of  the  pressing  wants  of  his  people.^  This  vessel  proved  the  "bless- 
ing" she  was  designed  to  be,  and  was  the  means  of  opening  a  com- 
munication with  the  Dutch  settlers  in  New  York,  as  well  as  of  main- 
taining constant  intercourse  with  various  parts  of  Massachusetts. 

In  1633  a  vessel  was  built  at  Boston,  and  called  the  "Trial:"  three 
years  after,  the  "Desire,"  of  one  hundred  and  twenty  tons,  was 
launched  at  Marblehead.  Another,  of  three  hundred  tons,  was  built 
at  Salem  in  1640;  and  the  fifth  in  the  colony,  at  the  same  place,  in 
1642.  Meantime,  the  Dove,  a  pinnace  of  about  fifty  tons,  had  made  a 
voyage  to  Boston,  laden  with  corn,  to  barter  away  for  fish,  and  what- 
ever other  commodities  the  colonists  could  spare.  Such  was  the  com- 
mencement of  the  navigation  and  commerce  of  Massachusetts. 

Fish  were  exported  from  Boston,  for  the  first  time,  I  suppose,  in 
1633.  The  adventure  was  to  a  southern  colony;  and  Governor  Win- 
throp appears  to  have  been  interested  in  the  voyage.  The  vessel, 
which  was  laden  with  furs  as  well  as  the  products  of  the  sea,  was 
wrecked  on  the  outward  passage  when  near  the  Capes  of  Virginia. 
Another  circumstance  of  interest  occurred  the  same  year,  namely,  the 
conviction  of  "/!/«e  first  notorious  theif  in  Massachusetts  f  who,  for  steal- 
ing fish,  corn,  and  clapboards,  was  sentenced  to  the  forfeiture  of  his 
estate,  to  be  whipped,  to  be  bound  as  a  sei-vant  for  three  years,  and  to 
be  afterwards  at  the  disposal  of  the  court. 

Mr.  Cradock,  though  he  never  came  to  Massachusetts,  established  a 
fishery  at  Mystick,  and  built  a  house  at  Marblehead,  which  was  burned 
in  1634,  "there  being  in  it  Mr.  Al]erton||  and  many  fishermen  whom 
he  employed  that  season."  Thus  we  connect  the  ffrst  governor  who 
was  appointed  under  the  patent,  and  the  first  governor  who  resided  in 
the  colony,  with  the  fisheries  of  Massachusetts,  a  branch  of  industry 

*  Roger  Clap,  in  his  Memoii's,  speaking  of  the  scarcity  of  provisions  in  1630,  says:  "  Many 
a  time,  if  I  could  have  filled  my  belly,  though  with  mean  victuals,  it  would  have  been  sweet 
unto  me.  Fish  was  a  good  help  unto  me  and  others."  *  *  *  *  "  Oh !  the  hunger  that  many 
suffered,  and  saw  no  hope  in  an  eye  of  reason  to  be  supplied,  only  by  clams,  and  muscles,  and 
fish.  We  did  quickly  build  boats,  and  some  went  a  fishing."  Again,  he  says :  "Frost-fish, 
muscles,  and  clams,  were  a  relief  to  many." 

t  It  would  appear  from  the  instructions  of  the  Massachusetts  Company,  in  1G29,  that  a  vessel 
was  built  previously:  "And  if  you  send  the  ships  to  fish  at  the  Rank,'"  say  they,  "  and  expect 
them  not  to  return  again  to  the  plantation,  that  then  you  send  our  hark  that  is  already  built  in 
the  country  to  bring  back  our  fishermen,  and  such  provisions  as  they  had  for  fishing,"  &c.,  &c. 

t  In  1633,  the  Rev.  John  Cotton,  minister  of  Boston,  the  Rev.  Thomas  Hooker,  the  first 
minister  of  Cambridge,  and  the  Rev.  Samuel  Stone,  one  of  the  first  ministers  of  Hartford, 
came  over  to  America  in  the  same  vessel.  On  their  arrival,  the  people  were  told  that  their 
three  great  necessities  were  now  supplied,  for  they  had  Cotton  for  theii"  clothing,  Hooker  for 
their  fishing,  and  Stone  for  their  building." 

II  The  Plymouth  Pilgrim  who  came  over  in  the  Mayflower. 


125 

which  now  many  affect  to  believe  is  fit  only  for  the  attention  of  "the 
ignorant,  the  superstition-?,  and  the  improvident." 

About  the  year  1636  the  celebrated  Hugh  IV-ters,*  minister  of  Salem, 
moved  the  people  there  to  raise  a  capital  for  the  purpose  of  commencing 
the  business  of  fishing.  With  untiring  zeal  he  went  from  place  to  place, 
and  labored  in  public  and  in  private  to  accomplish  this  design,  and  to 
induce  his  flock  to  build  ships  and  to  embark  in  commerce;.  He  was 
eminently  successful,  and  personally  engaged  in  the  enterprises  which 
he  recommended  to  others.  To  him  belongs,  in  a  very  great  degree, 
the  merit  of  founding  the  fisheries  and  trade  of  that  city.  During  his 
residence  and  ministry,  Salem  was  without  a  rival  in  maritime  affairs, 
and  claimed  to  become  the  capital.  His  departure  for  Phigland  gave  a 
check  to  business;  Boston  acquired  the  ascendency,  and  was  selected 
as  the  seat  of  government.  That  part  of  it  now  called  Marblehead  soon 
obtained  a  superiority  in  the  fisheries,  and  petitioned  for  an  act  of 
incorporation ;  while  Gloucester,  Manchester,  and  the  whole  eastern 
shore  of  Massachusetts,  engaging  in  the  same  pursuits,  still  further  les- 
sened its  importance  for  a  considerable  period.  Of  the  merchant  min- 
ister, Peters,  we  may  add,  that,  taking  the  side  of  Cromwell  in  the 
civil  war  in  England,  he  was  executed  there  on  the  restoration  of  the 
Stuarts. t  It  is  supposed  in  a  late  English  pubhcation  that  Peters  was 
one  of  the  two  masked  executioners  of  Charles  theFu'st,  and  that  it  was 
he  who  held  up  the  monarch's  head  to  the  view  of  the  multitude. 

In  1639  we  have  the  origin  of  the  system  of  protection.  By  an  act 
of  that  3'ear,  passed  for  the  encouragement  of  the  fisheries,  it  was  pro- 
vided that  all  vessels  and  other  property  employed  in  taking,  curing, 
and  transporting  fish,  according  to  the  usual  course  of  fishing  voyages, 
should  be  exempt  from  all  duties  and  public  taxes  for  seven  years;  and 
that  all  fishermen  during  the  season  for  their  business,  as  well  as  ship- 
builders, should  be  excused  from  the  performance  of  military  duty. 
Such  a  law,  in  the  infancy  of  the  colony,  when  contributions  from  every 
estate,  and  the  personal  service  in  arms  of  every  citizen,  were  impera- 
tively demanded  by  the  exigencies  of  the  times,  shows  the  deep  import- 
ance which  was  attached  to  this  branch  of  business  by  the  fiithers  of 
the  Commonwealth. 

Of  the  year  1641,  Lechford,  in  his  "Plain  Dealing;  or.  News  from 
New  England,"  (printed  in  London,  1642,)  f  says  that  tlic  people  were 
"setting  on  the  manufacture  of  linen  and  cotton  cloth,  and  the  fishing 
trade;"  that  lh(>y  were  "building  of  ships,  and  had  a  good  store  of 
barks,  catches,  lighters,  shallops,  and  other  vessels;"  and  that  "they 
had  l)uiidcd  and  j)lant('d  to  admiration  fJjr  the  time."  We  learn  from 
J(jhnson,  in  the  work  already  mentioned,  that  the  Kev.  Richard  Blind- 


•  Or  Itiich  Pctr>r. 

t  Tliiti'liiiison  prcRPrveH,  in  Iuh  Cnllrrtiov  of  Pnprr.i,  n  Irftcr  from  Mr.  .Tolm  Kiiu\vlt>s  to 
Govcnior  Lcvcrctt,  dtitcd  at  London  in  lt)77,  by  which  it  n|)i)iars  tiiat  IVters's  widow  was  ia 
fjn.'at  poverty.  Knowics  Kays:  "8ir,  there  i.s  anoilicr  fmiilde  which  I  presnnie  to  pntr  npon 
jou  ;  whicii  i.-<,  to  speak  to  tin;  reverend  Mr.  IliiiL'inson,  pastour  of  Saleni,  to  move  that  con- 
Rreijatioii  fo  floe  ftoniethint;  for  the  triaintenancc  of  Mrs.  reterB,  who,  since  her  hnshand  suf- 
fered here,  hnfli  dejiended  wholly  upon  Mr.  (:ock<|iiain  and  that  chnrch  whereof  he  is  jKistonr. 
I  fear  .';lie  will  be  forced  to  .seke  jier  livinLT  in  liie  streetH,  if  some  course  he  not  taken  for  her 
relief,  either  I»j  Mr.  Ilii;i,'iiison  or  Mr.  O.xenljridce.  or  some  other  sympafhiziiii;  minister." 

t  Kt'publishcd  iu  Colk'Ctious  of  Massachusetts  llisloricul  fciofiety,  vul.  3d  of  3d  uerios. 


126 

man  had  gathered  a  church  at  Cape  Ann,  "a  place  of  fishing,  being 
peopled  with  fishermen ;"  and  that  "  their  fishing  trade  would  be  very 
beneficial  had  they  men  of  estates  to  manage  it."  We  read  in  Win- 
throp's  Journal,  that  "this  year  the  men  followed  fishing  so  well  that 
there  was  about  three  hundred  thousand  dry  fish  sent  to  the  market:" 
and  in  Hubbard,  that  the  colonists  received  letters  from  England  by 
the  English  fishing  ships  that  came  to  the  Piscataqua.  In  1642,  we 
find  in  Winthrop  that  the  same  class  of  ships  brought  news  of  the  civil 
wars  between  the  King  and  Parliament,  "whereupon  the  churches  kept 
divers  days  of  humiliation;"  and  that  "there  arrived  another  ship  with 
salt,  which  was  pat  off  for  pipe-staves,"  so  that  "by  an  unexpected 
providence"  there  was  "a  supply  of  salt  to  go  on  with  fishing:"  and  in 
Holmes,  that  "the  settlement  at  Cape  Ann  was  established  to  be  a 
plantation,  and  called  Gloucester."  Again,  Winthrop  records,  in  1643, 
the  return  of  the  Trial,  "Mr.  Thomas  Graves,  an  able  and  a  godly 
man,  master,"  from  a  voyage  to  Bilboa  and  Malaga.  This  was  the 
first  vessel  built  at  Boston.  Her  outward  cargo  consisted  of  fish, 
"which  she  sold  at  a  good  rate;"  and  she  brought  home  "wine,  fruit, 
oil,  iron,  and  wool,  which  was  a  great  advantage  to  the  country,  and 
gave  encouragement  to  trade." 

In  1644,  we  have  an  incident  pertinent  to  our  purpose,  which  is  related 
with  some  particularity  in  the  chronicles  of  the  time.  It  appears  that 
a  London  ship  of  twenty-four  guns,  Captain  Stagg,  arrived  at  Boston, 
with  a  cargo  of  wine,  from  Teneriffe ;  that  a  Bristol  ship,  laden  with 
fish,  lay  in  the  harbor  at  the  same  time;  that  Stagg,  authorized  by  a 
commission  from  the  Cromwell  party  in  England  to  capture  vessels 
belonging  to  Bristol,  made  prize  of  this  ship ;  and  that  a  Bristol  mer- 
chant, and  others  interested  in  the  vessel  and  cargo  seized  by  Stagg, 
collected  a  mob,  and  raised  a  tumult.  It  appears,  farther,  that  some  of 
the  citizens  of  Boston,  apprehensive  of  serious  consequences,  made 
prisoners  of  the  merchant  and  other  strangers,  and  carried  them  before 
Winthrop,  who  confined  them  under  guard  in  a  public  house;  and  that 
the  people  of  the  town  concerned  in  the  aftiiir  were  committed  to 
prison.  Stagg  was  next  called  to  an  account,  but  it  was  found  that  he 
had  not  transcended  his  authority.  A  great  excitement  was  produced 
by  the  occurrence;  and  some  of  the  ministers,  participatmg  in  the  com- 
mon feehng,  spoke  harshly  of  Stagg  in  their  sermons,  and  exhorted  the 
magistrates  to  maintain  the  people's  liberties,  which  they  considered 
had  been  violated  by  his  act.  A  part  of  the  magistrates  were  of  the 
opinion  that  the  Bristol  ship  should  be  restored ;  but  the  majority  ex- 
pressed a  different  view  of  the  case,  and  Stagg  was  allowed  to  retain 
his  prize.  But  the  merchants  of  Boston,  who,  it  would  seem,  were 
owners  of  the  cargo  of  fish,  petitioned  to  be  allowed  to  test  the  right  of 
the  captor  to  their  property  by  a  suit  at  law.  Their  request  was  granted ; 
yet,  when  the  governor,  six  other  magistrates,  and  the  jury  assembled, 
they  were  induced  to  refer  the  decision  of  the  whole  matter  to  the  court 
of  admiralty.  Thus  terminated  an  affair  which,  at  the  moment,  wore 
a  very  serious  aspect,  and  threatened  to  involve  the  government  of 
Massachusetts  in  a  controversy  with  their  Puritan  friends  in  England. 

Concluding  our  account  of  the  year  1644  with  the  remark  that  one 
ship,  built  at  Cambridge,  and  another,  built  at  Boston,  sailed  from  the 


127 

latter  place  for  the  Canaries  with  cargoes  of  fish  and  pipe-staves,  we 
come,  in  lG4o,  to  the  first  voyage  undertaken  on  the  distant  fishing 
grounds  of  Newfoundland.  The  projectors  of  the  enterprise  were 
merchants  of  Boston  and  Charlestown,  who,  according  to  Winthrop, 
"sent  forth  a  ship  and  other  vessels"  to  the  Bay  of  Bulls.  The  effects 
of  the  civil  war  between  Charles  and  his  people,  felt,  as  we  have  just 
seen,  in  the  capture  of  the  Bristol  ship  in  Boston,  were  disastrous  even 
in  those  remote  seas;  for  when  these  vessels  had  nearly  completed 
their  fares,  the  ship  and  most  of  their  fish  were  seized  by  a  cruiser 
belonging  to  the  Kind's  party,  and  retained,  to  the  great  loss  of  the 
merchants. 

By  an  act  of  Massachusetts,  in  1G47,  every  householder  was  allowed 
"free  fisliing  and  fowling"  in  any  of  the  great  ponds,  bays,  coves,  and 
rivers,  as  far  "as  the  sea  ebbs  and  flows,"  in  their  respective  towns, 
unless  "the  freemen"  or  the  general  court  "had  otherwise  appj'opriated 
them."  By  a  law  of  the  following  year,  fishermen  and  others  were 
forbidden  to  continue  the  practice  of  cutting  fuel  and  timber,  without 
license,  on  lands  owned  b}"  individuals  or  towns;  though  during  the  fish- 
ing season,  persons  who  belonged  to  the  colonj*  might  still  dry  ihc'ir  fish, 
and  use  wood  and  timber  necessary  for  their  business,  on  all  such  lands, 
by  making  satisfaction  to  the  proprietors.  These  laws  were  followed, 
in  1652,  by  another,  which  provided  for  the  appointment  of  sworn  "fish 
viewers,"  at  "every  fishing  place"  within  the  jurisdiction,  who  were 
required  to  reject  as  unmerchantable,  all  "sun-burnt,  salt-burnt,  and 
dry  fish,  that  hath  been  first  pickled,"  and  whose  fees  on  merchantable 
fish  were  fixed  at  one  penny  the  quintal,  "to  be  paid,  one  half  by  the 
deliverer,  and  the  other  half  by  the  receiver."* 

Meantime,  a  schism  had  occurred  between  certain  persons  and  the 
ruling  powers  of  Massachusetts;  and  the  former,  embotlying  tlicir  sup- 
posed grievances  in  petitions  to  the  Lords  Commissioners  of  I'rade  and 
Plantations,  had  circulated  these  papers  for  signature.  "They  had 
sent  their  agents  up  and  down  the  country,"  relates  Hubbard,  "but  of 
the  man}^  thousands  they  spake  of,  they  could  find  only  twenty-five 
hands  to  the  chief  petition;  and  those  were,  for  the  most  part,  either 
3''oung  men  who  came  over  servants,  and  never  had  overmuch  shew  of 
rehgion  in  them,  or  fishermen  of  Marblehead,  feared  to  be  profime  per- 
sons, divers  of  whom  were  brought  from  Newfoundland  for  the  fishing 
season,  and  so  to  return  again." 

To  relieve  our  narrative,  we  may  now  select  some  amusing  pas- 
sages from  Josselyn.  This  veracious  chronicler — who  saw  "  fiogs  that, 
when  they  sit  u])oii  their  breech,  are  a  f<)Ot  high,"  and  ascerlained  that 


*  In  "An  Abstract  of  the  Liiws  of  New  Enf,'l;in(l,"  jirintcd  in  London  in  Ki'iG,  and  by  Wil- 
liam As]iin\vidl,  tbi'  ])nblish<'r,  ascribed  to  Mr.  C'otron,  wbicli  lliirciiinson,  wbo  preserves  it  in 
his  "  Collection  of  I'iipers,"  8113-8  "onirlit  ratlicr  be  entitled  An  Al)str«et  of  a  Code  or  Sys- 
tem of  J-iU\VH  prepared  for  the  C'onuiionwealtb  of  Massaclnisetts  Jiay,"  we  find  in  cliai)ter  :Jd, 
under  the  lieml  "Of  the  Protection  mid  l'rovi>ion  (d'  ibe  Country,"  tlie  followiiif,' :  "JSecanse 
fish  is  the  chiefo  stapb;  conimodity  of  tJie  eomitry,  therefore  ail  due  iiicoiirjt<;enient  to  be 
given  unto  siicli  bands  as  shall  sett  forward  the  trade  of  lisliinj;,  and  for  that  end  a  law  to  bo 
made  that  whosoever  shall  apiily  lliemselves  to  sen  forward  the  trade  of  lisliiim,  as  (isheruien, 
mariners,  and  sliijiwritbts,  shall  be  allowed,  man  for  man,  some  or  olher  of  the  labourers  of 
tlie  coimtiy  to  jilaiil  and  re;ipc  for  them  in  ihe  sea-ioii  of  the  yean-  at  the  piibli(iiie  ch.irs^es  of 
the  Commoiuvealth,  for  the  sjiace  id'  these  seaveu  \e;iies  next  ensuing,  and  such  labourers  to 
be  appoiutt'd  and  paid  by  the  treasurer  of  the  Commonwealth." 


128 

"barley  frequently  degenerates  into  oats" — made  two  voyages  to  New 
England,  and  lived  here  a  number  of  years.  He  was  in  Boston  in 
1663.  He  thus  discourses  offish:  "The  sea-hare  is  as  big  as  grampus 
or  herring-hog,  and  as  white  as  a  sheet.  *  *  *  I  have  seen  sturgeon 
sixteen  loot  in  length;  of  their  sounds  they  make  isinglass,  which, 
melted  in  the  mouth,  is  excellent  to  seal  letters :  *  *  *  negroes  or 
sea-devils,  a  very  ugly  fish,  having  a  black  scale :  *  *  *  squids,  a 
soft  fish  somewhat  like  a  cudgel,  their  horns  like  a  snail's:  *  *  * 
the  dolphin;  the  ashes  of  their  teeth,  mixed  with  honey,  is  good  to 
assuage  the  pain  of  breeding-teeth  in  children:  *  *  *  the  alewife 
is  like  a  herring,  but  has  a  bigger  belly,  therefore  called  an  alewife : 
*  *  *  the  hass  is  a  salt-water  fish,  too,  but  most  an  end  taken  in 
rivers :  one  writes  that  the  fat  in  the  bone  of  bass's  head  is  his  brains, 
which  is  a  lie :  *  *  *  the  salmon  the  first  year  is  a  salmon-smelt,  the 
second  a  mort,  the  third  a  spraid,  the  fourth  a  soar,  the  fifth  a  sorrel,  the 
sixth  vi  forket-tail,  and  the  seventh  year  a  salmon^  One  kind  oi  turtle, 
he  says,  if  burned  to  ashes  and  mixed  with  oil  and  wine,  "healeth  sore 
legs,"  while  the  burnt  shell,  if  compounded  with  whites  of  eggs, 
"healeth  women's  nipples;"  and  he  avers  that  sea-muscles,  if  dried  and 
pulverized,  "will  perfectly  cure  the  piles,"  and  that  '■'■  trouf s grease  is 
good  for  the  piles  and  clifts."  Of  the  inhabitants  of  the  sea  he  enu- 
merates sixty-four  kinds,  to  some  of  which  he  aflSxes  names  sufficiently 
barbarous  to  display  his  stock  of  learning;  and  concludes  with  the  re- 
mark, that  "the  fish  are  swum  by,  and  the  serpants  are  creeping  on — 
terrible  creatures — carrying  stings  in  their  tails  that  will  smart  worse 
than  a  satyr^s  whip,  though  it  were  as  big  as  Mr.  Shepperd's,  the  mad 
gentleman  at  Milton — Mowbrayes  Constantinus  Lasculus." 

We  turn  from  Josselyn  to  an  angry  king.  To  supply  a  circulating 
medium,  Massachusetts,  as  early  as  1652,  commenced  the  coinage  of 
the  "pine-tree"  shilling-pieces,  at  which  Charles  the  Second  was  much 
displeased.  The  general  court,  in  1677,  to  appease  him,  ordered  a 
present  of  "ten  barrels  of  cranberries,  two  hogsheads  of  samp,  and 
three  thousand  codfish."*  During  the  same  year  about  twenty  fish- 
ing vessels  were  captured  by  the  Indians  on  the  coast  of  Maine.  Most 
of  them  were  owned  in  Salem ;  and  having  from  three  to  six  men  each, 
could  have  made  a  successful  resistance  had  they  not  been  talven  by 
surprise;  or,  as  says  Hubbard,  had  they  not  been  "a  dull  and  heavy- 
moulded  sort  of  people,"  without  "either  skill  or  courage  to  kill  any- 
thing but  fish."  In  fact,  some  vessels  did  make  a  manful  defence, 
lost  a  number  of  men  killed,  and  earned  home  nineteen  others  wounded. 
A  large  vessel  was  immediately  equipped  by  the  merchants  of  Salem, 
and  despatched  to  re-capture  their  vessels  and  punish  the  captors. 
The  Indians  plundered  the  fishing-ketches,  abandoned  them,  and  eluded 
their  pursuers. 

In  1692  Salem  lost  by  removals  about  a  quarter  part  of  its  whole 
population,  in  consequence  of  the  trials  for  witchcraft.  The  world 
rings  with  the  enormities  of  this  delusion.  It  should  wonder,  rather, 
that  witchcraft  in  America  was  so  nearly  confined  to  the  fishing  county 
of  Essex,  at  a  period  when  all  England  was  peopled  with  witches  and 

*  Hume  sayg  that  the  usual  oath  of  Charles  the  Second  was,  "  Cod's-Jish." 


129 

goblins,  and  when  the  venerable  and  devout  Sir  Mat  hew  Hale  doomed 
two  women  to  be  hanged  for  vexing  with  fits  the  child  of  a  herring 
merchant!  The  prosperity  of  Salem  w-as  checked  from  other  causes. 
In  1G97,  John  Higglnson  wrote  his  brother  Nathaniel,  that  in  1GS9  he 
had  ol)taiued  a  comfortable  estate,  and  was  as  much  concerned  in  the 
fishing  trade  as  most  of  liis  neighbors ;  but  that,  in  the  course  of  the 
war  (then  soon  to  be  terminated)  he  had  met  with  considerable  losses ; 
that  trade  had  much  diminished ;  that  of  upwards  of  sixty  fishing  ves- 
sels owned  in  that  town  at  the  commencement  of  hostilities,  onlv  six 
remained;  and  that  he  believed  noplace  in  Massachusetts  had  suffered 
more  by  the  war  than  Salem. 

At  the  close  of  the  centur}'-,  as  we  learn  from  Neal,  the  merchants  of 
Massachusetts  exported"  about  one  hundred  thousand  quintals  of  dried 
codfish  annually  to  Portugal,  Spain,  and  Italy,  of  the  value  of  four 
hundred  thousand  dollars;  while  from  another  source  we  are  informed, 
that,  disregarding  die  navigation  act  of  England,  a  large  contraband 
commerce  w^as  maintained  by  the  merchants  of  Boston  with  most  of 
Europe. 

Thus  far  the  mention  of  Marblehead  has  been  incidental.  Originally 
a  part  of  Salem,  and  more  prosperous  in  the  prosecution  of  the  cod- 
fishery,  it  was  supposed  to  contain  at  one  period  a  greater  population 
than  its  parent  town.  Departing  from  the  chronological  order  hitherto 
preserved  in  the  narrative,  I  shall  here  consider  its  history  as  connected 
with  our  subject,  for  about  half  a  century.  We  have  already  seen  the 
agency  of  clergymen  in  establishing  the  fisheries  of  Gloucester  and  Sa- 
lem, and  are  now  to  quote  at  large  Irom  the  autobiography  of  the  Rev. 
.John  Barnard,  to  show  his  influence  at  Marblehead.  He  commenced 
his  ministerial  labors  in  1714,  at  which  time,  he  sa^-s,  "there  was  not 
so  much  as  one  proper  carpenter,  nor  mason,  nor  tailor,  nor  butcher, 
in  the  town."  And  he  continues  :  "  The  people  contented  themselves 
to  be  the  slaves  that  digged  in  the  mines,  and  left  the  merchants  of 
Boston,  Salem,  and  Europe  to  carr}^  awa}^  the  gains;  by  which  means 
the  town  was  always  in  dismally  poor  circumstances,  involved  in  debt 
to  the  merchants  more  than  they  were  worth;  nor  could  I  find  twenty 
families  in  it  that,  upon  the  best  examination,  could  stand  upon  their 
own  legs;  and  they  w^ere  generally  as  rude,  swearing,  drunken,  and 
fighting  a  crew,  as  they  were  poor. 

"1  soon  saw  that  the  town  had  a  price  in  its  hands,  and  it  was  a 
pity  they  had  not  a  heart  to  improve  it.  I  therefore  laid  myself  out  to 
get  acquaintance  with  the  English  masters  of  vessels,  that  I  might  by 
them  be  let  into  the  mystery  of  the  fish  trade;  and  in  a  little  time  I 
gained  a  pretty  thorouirh  understanding  of  it.  When  I  saw  the  advan- 
tages fit  it,  1  thought  it  tuy  duty  to  stir  up  my  [)e()[)le,  such  as  I  thought 
would  hearken  to  me,  and  were  capable  of  j)ractising  upon  the  advice,  to 
send  the  fish  to  market  themselves,  that  tiny  might  reap  the  benefit  of 
it,  to  the  enriching  themselves  and  serving  the  town.  But  alas  !  I  could 
insjarc  no  man  with  courage  and  resolution  enough  to  engage  in  it,  till 
I  met  with  Mr.  .Toseph  Swett,  a  young  man  of  strict  justice,  great  in- 
dustry, eriter|>rising  genius,  (juiek  apprehension,  and  firm  resolution, 
but  of  small  fortune.  To  him  I  opened  myself  fullv,  laid  the  scheme 
9 


130 

clearly  before  bim,  and  he  hearkened  unto  roe,  and  was  wise  eno-ogh 
to  put  it  in  prnctice.     He  first  sent  a  small  cargo  to  Barbadoes. 

"  Ho  soon  found  he  increased  his  stock,  built  vessels,  awd  sent  the  fish 
to  Europe,  and  prospered  in  the  trade  to  the  enriching  of  himself:  and 
some  of  his  family,  by  carrying  on  the  trade,  have  arrived  at  large  es- 
tates. The  more  promising  young  men  of  the  town  soon  followed  his 
example;  that  now*  we  have  between  thirty  and  forty  ships,  brigs, 
snows,  and  topsail  schooners,  engaged  in  foreign  trade.  From  so  small 
a  beginning  the  town  has  risen  into  its  present  fiourishing  circumstances, 
and  we  need  no  foreigner  to  transport  our  fish,  but  are  able  ourselves 
to  send  it  all  to  the  market."  He  relates,  also,  that  the  "  public  ways 
were  vastly  mended ;"  that  the  manners  of  the  people  had  greatly  im- 
proved; that  "we  have  many  gentlemanlike  and  polite  families;" 
and  that  "  the  very  fishermen  scorn  the  rudeness  of  the  iormer  genera- 
tion." I  may  add,  as  the  contribution  of  another  pen,  that  Mr.  Barnard 
so  zealously  studied  the  "  mystery"  of  naval  architecture,  as  to  acquire 
great  skilf;  and  that  "  several  of  his  draughts,  the  amusement  of 
leisure  hours,  were  commended  by  master  ship-builders."  He  was 
laithfal  in  the  performance  of  his  clerical  duties ;  and  besides  be- 
stowing much  in  common  charities,  generally  supported  two  boys  at 
schook  He  was  eminent  for  his  learning  and  piety;  was  distinguished 
among  the  divines  of  America  of  the  last  cenlury;  and  in  his  old  age 
was  regarded  "  as  the  father  of  the  churches."  "  His  form  was  re- 
markably erect,  and  he  never  bent  under  the  infirmity  of  years.  His 
countenance  was  grand,  his  mien  majestic,  and  there  was  dignity  in  his 
wdiole  deportment."  The  "north  church"  in  Boston  was  built  ior 
him,  and  he  preached  the  dedication  sermon,  expecting  to  be  ordained, 
in  accordance  with  a  mutual  agreement ;  but  he  was  supplanted  by 
another  candidate,  who  possessed  the  favor  of  Cotton  Mather.  "  Of  this 
transaction  he  could  not  speak  with  calmness  to  the  day  of  his  death." 
He  served  the  people  of  Marblehead  vipwards  of  fifty  yeavs,  and  de- 
se-rves  their  kind  remembrance  in  all  coming  time.  Let  our  fishermen 
everywhere  take  courage.  With  such  l^enefactors  in  the  past,  there 
must  be  hope  in  the  future,  cheerless  to  them  as  seems  the  present. 

We  return  to  the  year  1714,  near  which  time  the  first  vessel  of  the 
class  called  schooner  was  built  at  Gloucester,  by  Andrew  Robinson. 
The  account  is  well  confirmed,  and  in  substance  is  that  having  masted 
and  rigged  a  vessel  in  a  manner  unknown  either  in  Europe  or  America, 
and  to  his  own  fancy,  a  bystander  at  the  launch  exclaimed,  as  she 
started  from  the  stocks,  ^'- Oh,  how  she  scooiis  P^  And  that  Robinson 
replied,  "  A  ftchooncr  let  her  be."  Thus  recent  is  the  appearance  of  this 
descriplion  of  vessel  on  the  fishing  grounds,  and  in  the  coasting  trade. 

Of  the  perils  attending  the  pursuit  of  the  cod  on  the  coasts  frequented 
by  the  people  of  Massachusetts  during  the  period  of  French  power, 
and  of  warfare  with  the  native  tribes,  a  general  view  has  been  given 
in  the  first  part  of  this  report,  and  a  particular  case  of  Indian  hostility 
has  been  recorded  here.t     We  may  now  notice  an  occurrence  in  1726, 

*  Tliis  autobiogriiphy  bears  date  at  Marblehead,  November  14,  1766,  aud  is  to  be  found  ia 
the  Collections  of  the  Alassachusetfs  Historical  Society. 
tTlie  capture  of  the  tweuty  vesst-k  in  1677. 


131 

tn  which  Saimu'l  Daly,  of  Plymouth,  was  ihc  hero.  While  on  a  fishing 
voynirc.  he  put  into  a  harhor  in  Nova  Scotia  to  procure  water,  and  sce- 
inc:  John  Ba])tist,  a  Frenchman,  on  shore,  asked  him  to  come  on  honrd. 
Accomiiiuiicd  by  his  son,  Bitptist  acc(>pt.ed  the  invit;ition ;  and,  after 
some  fricndlv  conversation,  Daly  and  his  eider  guest  retired  to  the  cabin 
to  drink.  While  there,  the  younger  Baptist  returned  to  the  shore. 
Suspecting  no  harm,  Daly,  with  his  mate  and  three  of  his  crew,  went 
on  shore  also,  leaving  Baptist  in  the  vessel.  The  son,  with  two  In- 
dians, immediatel}' joined  Baptist,  and  assisted  him  to  seize  tlie  vessel 
as  a  prize.  Daly  applied  to  th("  mother  of  Baptist  to  intercede  for  the 
restoration  of  his  property;  and  after  some  delay,  she  consented.  The 
treacherous  Frenchmnn  was,  however,  inexorable;  and,  several  other 
Indians  getting  on  bonrd,  he  ordered  Daly  to  weigh  anchor  and  make 
sail.  The  savages  threatened  him  with  their  hatchets,  and  the  luckless 
fisheroKin  obc^'cd.  But  the  next  day  Daly  secured  Baptist  and  three 
of  the  Indians  in  the  cabin,  overpowered  the  son  and  the  savages,  who 
remained  on  deck,  and  regained  possession  of  his  vessel.  The  Indians 
in  the  cabin,  fired  upon  by  Daly,  threw  themselves  into  the  sea.  Bap- 
tist, his  son,  and  three  surviving  Indians,  were  safely  landed  at  Boston, 
where,  tried  for  pirac}^  all  were  condemned  and  executed. 

In  1731  the  fisheries  of  Massachusetts  employed  between  five  and 
six  thousand  men.  Three  years  later  a  township  in  Maine  was  granted 
to  sixty  inhabitants  of  Marblehead,  and  a  similar  grant  was  made  to 
citizens  of  Gloucester  in  1735.*  Possibly  many  of  the  fishermen  of 
these  ancient  towns  had  become  weary  of  the  hazards  of  the  sea,  and 
desired  repos(> ;  but  whatever  the  motives  of  the  grantees  of  these  lands, 
the  perils  and  hardships  of  the  forest  a  century  ago  were  quite  equal 
to  those  encountered  upon  the  ocean,  and  such  was  their  particular 
experience. 

In  1741  the  cod-fishery  was  in  a  prosperous  condition.  The  annual 
produce  was  about  two  hundred  and  thirty  thousand  quintals,  and  the 
value  of  the  cpiantity  exported  nearly  seven  hiuidred  thousand  dollars. 
The  average  size  of  vessels  was  fifty  tons;  and  of  these  one  hundred 
and  sixty  were  owned  in  Marblehead  alone.  The  whole  number  of 
fishinu:  vessels  in  ^Massachusetts  was  not  less  than  four  hundred,  besides 
an  ecjual  numlser  of  ketches,  shallops,  and  undecked  l)oats. 

In  the  twen'y  years  tliat  succecdi^d  there  was  a  sensii)le  decline,  for 
which  the  causes  were  abundant.  The  emigrations  to  Maine  just  men- 
tioned, from  Marblehead  and  Gloucester,  the  settlements  elsewhere  in 
the  eastern  country  by  emigrants  from  Cape  Cod,  the  depopulation  and 
almost  entire  abandonment  of  Provincetown,  the  expedition  against 
Louisbourg,  the  general  events  of  the  two  wars  that  occurred  (hiring 
this  period  between  France  and  Kimland,  in  the  calamitit^s  of  whicli 
Massachusetts  was  deeply  involved,  the  demand  l()r  fishermen  to  man 
privatfM-rs  and  to  enter  the  naval  shij)s  of  the  crown,  with  several  minwr 
events,   combined   to  injure    the   fisheries  to  a  very  considerable  de- 

•  The  firRt  was  callol  "  New  Marblehoiul,"  but  in  now  IFmilliam;  the  second,  "New  Glou- 
cester," wliicli  iii'iiiir  liJiH  Ix'cn  rctaiiii'il  to  the  present  time.  The  .settlement  nf  N.-w  (ilniieeM- 
ter,  aft(^r  iiein^'  (•iniimenceil,  wim  wimitended — in  fiiet,  iibMiuloued — for  eleven  yenrs,  in  conse- 
qucuee  oi  the  Indian  warn.  lUiiek-houses  were  built  both  thero  aud  at  New  ^larblohead,  to 
pruttict  the  Bcttlurti  from  the  savogo  foe. 


182 

gree,  and  at  times,  indeed,  to  render  attentian  to  them  nearly  itd~ 
possible.  After  the  peace  of  1763,  maritime  enterprises  were  again 
undertaken  with  spirit  and  success,  and  the  fishing  towns  shared  in  the 
general  prosperity.  But  the  controversies  that  produced  civil  war,  and 
finally  a  dismemberment  of  the  British  empire,  had  alread}^  commenced, 
and  soon  disturbed  every  branch  of  industry.  The  fisheries  suffered 
first,  and  at  the  shedding  of  blood  were  suspended.  The  political 
history  of  the  fifteen  years  that  preceded  the  Revolution  relates  to  all 
New  England,  and  will  form  a  separate  chapter. 

NEAV  ENGLAND. 

From  the  commencement  of  the  RevoIutio7iary  Controvermj  to  the  Declaration 

oj  Independence, 

In  tracing  the  origin  and  progress  of  the  fisheries  of  New  England, 
we  have  seen  that  they  furnished  our  first  articles  of  export,  and  laid 
the  foundation  of  our  navigation  and  commerce.*  It  was  so  in  Europe. 
Of  the  present  maritime  powers  of  the  Old  World,  there  is  scarcely 
one  that  does  not  owe  much  of  its  commercial  prosperity  to  the  same 
branch  of  industry.  Some  fugitives  from  the  wrath  of  the  monster 
Attila  fied  to  the  isles  of  the  Adriatic,  wliere,  of  necessity,  they  adopted 
the  avocation  of  fishermen.  By  this  employment,  steadily  continued, 
Venice  in  a  few  centuries  became  renowned  for  her  wealth,  commerce, 
and  naval  strength.  The  origin  of  the  republic  was  celebrated  for  a 
long  period,  and  the  omission  or  refusal  of  a  Doge  to  provide  the  cus- 
tomary banquet,  and  to  submit  to  the  fishermen's  embrace,  allowed  by 
his  predecessors  on  this  national  festival,  made  the  name  of  Contarini 
kateful,  and  well  nigh  caused  the  subversion  of  all  legal  restraint,  and 
the  overthrow  of  the  reigning  family. t     Genoa,  too,  grew  rich  and  pow- 


*  The  fisheries  are  identified,  indeed,  with  the  earliest  mention  of  commerce.  The  Phoeni- 
cians culled  a  fish  sidon ;  hence,  according  to  some,  Sidou,  the  most  ancient  of  maritime  cities, 
derived  its  name  from  the  abmidance  of  fishes  that  inhabited  the  waters  near  its  site.  Tyre, 
which  in  Scripture  story  is  called  the  "  daughter  of  Sidon,"  was  founded  by  Sidonians,  and 
became  the  greatest  commercial  mart  of  the  ancient  world.  Stutfs  dyed  with  the  purple  fluid 
which  was  extracted  from  a  particular  kind  of  shell-fish  formed  one  of  the  most  extensive 
branches  of  its  trade  and  sources  of  its  wealth.  The  Tyrians,  by  their  industry  and  skill, 
carried  this  precious  dye,  which  in  value  disputed  with  gold  itself,  to  the  highest  possible 
degree  of  perfection.  None  but  those  of  imperial  dignity  or  of  vast  wealth  could  wear  these 
purple-colored  stuffs ;  and  Rome,  in  her  days  of  concjuest  and  power,  conferred  them  as  the 
highest  houor  she  could  bestow  upon  such  of  her  emperors,  consuls,  and  warriors  as  she 
decreed  a  triumph.  Specimens  of  the  purple  fish  have  been  found  occasionally,  in  modem 
times,  on  the  shores  of  France  and  Britain ;  but  the  Tyrian  dye,  as  a  branch  of  the  arts,  ia 
now  lost.     Tyre  herself  has  met  the  doom  pronounced  by  Ezckiel. 

t  The  fugitives  from  the  oppression  of  Attila  devoted  themselves  to  fishing  and  the  manu- 
facture of  salt— the  only  employments  which  their  scanty  territory  permitted.  The  growth 
of  Venice  was  rapid.  In  the  course  of  five  centuries  the  small  band  of  exiles  and  fishennen 
became  a  rich,  powerfid,  and  independent  nation.  The  custom  was  finally  adopted  of  inviting 
the  fishermen  to  the  capital  to  a  public  banquet  every  year,  and  to  permit  them  to  embrace 
the  Doge  at  its  conclusi(ju.  They  were  gratified  with  the  privilege,  and  unwillingly  relin- 
quished it.  But  when  the  aristocracy  was  firmly  established,  some  of  the  nobles  revolted  from 
this  "supple  bonneting"  of  the  people;  and  a  Contarini,  when  in  authority,  refused  the  feast 
and  the  kiss  of  fraternity.  "His  denial,  if  persisted  in,"  remarks  a  historian,  "might  have 
shaken  Venice  to  its  base.  When  the  fishermen  assembled  on  the  appointed  day,  and  clamor- 
ously demanded  admission,  it  was  long  before  the  reluctant  Doge  was  prevailed  upon  to 
appear ;  and  even  wheu  he  did,  he  was  masked.    His  guests  approached  him  iadividually,  in- 


133 

ei-ful  Ky  the  same  moans,  and,  not  contont  with  licr  own  limitPfl  fishing 
grounds,  un(l(Ttook  the  coiKjuost  of  others:  usurpinir  the  fisheries  of 
the  regions  of  the  Bosplioras,  sh(;  ciptured  and  f()r  a  while  awed  into 
submission  their  rightful  owners.*  Amsterdam,  from  a  village  of  her- 
ring-catchers, cabins,  and  curing-sheds,  rose,  by  the  skill  of  the  inmates 
of  these  frail  structures,  by  the  fame  of  their  commodities  in  foreign 
countries,  and  by  the  immense:'  consumption  of  them  at  home,  to  unex- 
ampled affluence  and  grandeur;  and  the  sayings  evervwhere  current 
two  cezituries  ago,  that  "Amsterdam  is  f)uuded  on  herring-bones,"  and 
thai  "Dutchmen''s  bodies  are  built  of  pickled  herrings,"  were  hardly 
more  than  (quaint  expressions  of  historic  truth. 

The  islands  and  portions  of  continent  separated  from  each  other  by 
deep  and  boisterous  channels,  which  compose  the  kingdom  of  Denmark, 
couspelled  the  Danes  to  communicate  with  different  parts  of  their  coun- 
try by  sea,  and  their  barren  soil  as  imperatively  obliged  them  to  resort 
to  fishing  for  support.  Extending  their  voyages  at  length  from  their 
own  coasts  to  Greenland  and  Iceland,  the  skill  and  wealth  thus  acquu'ed 
enabled  them  to  add  the  ports  of  Copenhagen,  Altona,  and  Kiel,  to  the 


fiicted  the  kiss,  sad,  as  a  monument  of  their  triiiraph,  they  afterwards  placed  in  the  church  of 
6ta.  AiriH'se  a  picture  represeutiiis;  the  cert'inouy." 

MoBcenigo,  wto  died  in  ]4"2:'.,  wms  well  versed  iii  the  coiuinerciul  and  maritime  nflairs  of  his 
eountrv';  and  he  advauced  both  to  uucSMiujtled  prosperity.  A  census  taken  while  he  was  in 
SKpreme  authoiity  fixed  the  population  of  the  capital  at  liiD.OOO  souls. 

Eariy  in  tin*  fixteeiitb  century,  the  French  ambassador,  Louis  1  lelian,  pronounced  a  speech, 
m  wMch  he  u\i:ered  tli«  mosS,  violent  invectives  against  the  Venetian.s,  who  he  declared  had 
"  abandoned  the  cause  of  Heaven,  and  deserved  to  be  execrated  by  God  and  man — to  be 
hunted  down  by  sea  and  land — and  to  be  exteinninated  by  fire  and  sword."  Referrinif  to  their 
wars  and  (Minmicsts,  he  said,  tisat  "  not  a  century  has  eiapsed  sine*'  these  fishermen  emerged 
from  their  boi^s;  iuid  no  soouer  had  thej*  pliiced  foot  on  terra  firnia  than  they  aeijuired  greater 
dominion  by  wiM-fidy  than  Rome  won  by  arms  in  the  lotiir  course  of  two  hundred  yi-ars;  and 
they  had  already  concerted  plans  to  bridfje  the  Don,  th(!  Jvliine,  the  Seine,  the  Rhone,  tha 
Tagus,  and  the  Ebro,  and  to  establish  tfai'ir  ru3e  in  everj'  province  of  Europe." 

Her  power,  however,  was  soon  weiikened.  Her  salt  works,  in  which  from  her  very  birth 
she  had  rcfesed  all  partnership  and  defied  ail  competition,  were  shared  by  compulsion  with 
the  Hidy  Sci'  withiu  a  few  years  after  the  maledictions  of  the  French  minister.  Her  decline 
i.nd  fall  need  jiot  be  here  related.  lis  moderu  times  Venice  is  hardly  known  for  her  fislierios. 
Her  exports  of  the  products  of  th(^  sea  in  IH-,'!)  were  of  the  value  of  about  twenty-tlve  thou- 
eand  dollars,  while  her  imports  amounted  to  «early  a  quarter  (d"  a  million  of  dollars.  '•  The 
6shin^'  boats  tf  \'eniee,"  says  McC'iiliocli,  in  IH:;-^,  "are  not  of  a  size  to  be  rated  as  vi'ssels  of 
ttmn;\<i<-.  Alxiut  sixteen  tkoiisaud  of  the  popuiation  subsist  by  fishing  near  the  port  mid  over 
tte  Ijigoon." 

*  "  At  the  eiose  of  the  thirteenth  eeatury,"  says  a  historian  of  Venice,  "  Genoa,  by  her  con- 
aexion  with  the  (Jreeks,  had  ftequired  great  strength  in  the  East.  She  was  mistress  of  Scio; 
site  possessed  many  eKtablisiimenls  on  the  shores  ni'  tin;  Black  sea,  and  auu)ng  them  the  im- 
portant town  'if  Cairiu  wliieh  comniiusds  the  entrance  of  tlu^  sea  of  Azoph.  Above  all,  she 
hf^d,  as  a  fief  of  the  enii)irc,  Pera,  tbe  suliurli  (d' Constantinople ;  and  by  its  occupation  she 
virtually  retained  tiie  keys  of  tliat  great  cjipita!.  Slir  ninlrollrd  its  Jishirirs  and  its  riisto}ns. 
With'jiil  lirr  prriiilssion,  not  a  hark  ronhl  niriiriiJr  its  liiirltor;  and,  a.s  she  closed  or  threw  open 
her  granaries,  faiiiine  or  abitt^daiice  w.uted  on  her  pleasure." 

Giblion,  in  his  Decline  and  Fall,  speaking  of  Genoa,  and  referring  t-o  the  year  i'^A^,  remarks 
that  she  "»iu|)pljed  the  (Jreeks  with  (ish  and  eorn — two  arii(des  of  food  alnio.st  eipially  im- 
pwrtant  to  a  sujjerstitious  peo]»Je."  "They  proceeded,"  he  continues,  "^>  i/.sMry> //</  rH.s7/>/»w, 
tkcjls/iirji,  evil  mm  the  toll  of  the,  Rimp/iiints,  Jriim  trliirli  tliiij  ilvrirrd  a  rrvcnuf  of  tiro  hiimlrcd 
(koitsini'l  pirrjs  of  (^olil.  A  lijizan-'int  mssr.l  ithirh  prrsumal  to  fish  at  the.  month  of  tin  liarhor 
teas  sunl<  >itf  these  an/lnrious  strangers,  anil  Iht  fishermrn  mere  niurilered.  Instead  of  suing  for 
piirdon,  the  (ii'Ufie-'e  deniianled  satisfac-.li(Ui;  re(piired  in  a  haughty  strain  that  tiie  (jreeks 
dioidd  renounce  the  exercise  of  DavijfatJon,  and  encountered  with  regular  arms  the  first  sallies 
of  the  popidar  indjyjiiitiou," 


134 

great  marts  of  Europe.*  Of  France  I  may  remark,  that  her  fishermen 
founded  her  marine,  and  that  chief  among  her  early  offensive  opera- 
tions upon  the  ocean  was  the  armament  fitted  jout  by  this  class  of  her 
people,  under  the  royal  sanction,  to  relieve  themselves  from  the  real  or 
fancied  oppressions  of  their  English  competitors,  while  employed  on  the 
waters  common  to  the  subjects  of  both  crowns,  in  the  pursuit  of  fish. 

Of  the  origin  and  rapid  increase  of  the  commerce  of  England,  suf- 
ficient has  been  said  elsewhere,  t  We  proceed  to  consider  the  course 
of  the  British  government  towards  New  England. 

So  steadily  and  successfully  were  the  fisheries  pursued  by  the  people 
of  Plymouth,  IMassachusetts,  New  Hampshire,  and  INIaine,  that  only 
fifty  years  elapsed  from  the  landing  of  the  Puritans,  before  an  English 
wiiter  of  high  authority  in  matters  of  trade  expressed  his  apprehension' 
as  to  the  events  likely  to  result,  in  the  following  remarkable  words: 
"AV?i'  Enghind,''''  said  he,  "/s  the  most  jn-ejud'tclal pla ntal hn  tu  tins  Jcing- 
dom.^^  And  why?  Because,  "^' a//  the  Amrrican  plinrkitiovs,  his  Ma- 
jcstif  has  7iune  so  apt  fur  hvilding  of  shpiiing  as  New  E //gland,  nor  any 
comparably  so  qiiaUjifid  for  the  brecdhfg  of  seamen,  not  onlij  by  reason  of  the 
natural  indust/y  of  that  people,  hut  p)r'v/cipally  by  reason  of  their  cod  and 
ma el(crcl  fisheries;  and,  in  mif  poor  opinion,  there  is  noihi/ig  mjre  'preju- 
dicial, and  in  prospect  more  davgerons,  to  any  mother  liimgdom.  than  the 
increase  of  shipping  in  her  colonies,  phn/lations,  or  provinces.''''  Sir  Josiah 
Child  was  alarmed  too  much,  probably,  at  what  really  was  in  his  own 
time,  but  still  saw  with  a  prophet's  eye  w^hat  was  to  be.  But  the 
polic}''  of  England,  fi'om  the  restoration  of  the  Stuarts  down  to  the 
lievolution,  was  in  strict  accordance  wiih  the  apprehensions  expressed 
by  him,  and  she  not  only  neglected  and  declined  aD  support  to  the  nav- 

*  The  naval  power  of  Denmark  elates  from  an  estrly  period  of  mofloDi  liistory.  Tiiis  king- 
dom consists  for  the  most  part  of  islands  and  poitlons  of  the  contineut  separated  from  eachr 
other  by  deep  and  stormy  seas.  lulereommunieatiou  naturally  produced  seamen,  while  its 
poor  soil  drove  its  people  to  fishing  for  subsistence.  Canute  tlie  Sixth,  who  died  in  the  year 
1202,  paid  great  attention  to  the  herring  fialieries  of  his  dominions.  A  SchiToniim  chronicler 
describes  this  branch  of  industry  at  this  period  as  productive  and  profitable,  and  as  bringing, 
into  the  country  "gold,  silver,  and  all  other  preciitus  things."  The  exports  of  herrings  from 
Nalburg,  in  17^:0,  were  more  than  twenty-three  thousand  tons,  but  in  17G5  only  about  eight, 
thousand  tons.  Two  years  later,  a  herring  company  was  established  at  Altona,  by  royal  grant,, 
for  teu  years;  the  King,  however,  bought  up  the  deeds  before  the  expii-ation  of  the  tenn,  and 
commenced  the  fishery  on  his  o\vu  accotnit. 

While  the  fisheries  of  Denniark  were  in  a  prosperous  condition,  Copenhagen,  Altona,  Kiel, 
and  other  ports,  were  crowded  with  ships.  At  present,  the  commerce  of  the  kingdom  is  in  a. 
languishing  state.  In  1801,  the  Danish  navy  consisted  of  tweiity-three  ships-of-the-line,  thirty- 
one  frigates,  guard-ships,  and  other  vessels ;  but  in  1.^33  it  had  diuuui>-hed  to  four  siiips-of  the- 
line,  seven  frigates,  and  eighteen  smaller  vessels.  The  diminution  of  the  commercial  marine 
was  quite  as  large.  The  seas  abound  with  fish,  and,  mider  regulations,  might  now,  as  in  Ca- 
nute's time,  bring  into  Denmark  all  manner  of  '•  precious  things." 

t  It  may  be  added  here,  that  about  the  year  1.0(10,  there  was  but  one  (juay  or  wharf  in  the. 
city  of  Loudon.  The  first  was  at  Billingsgate,  the  great  fish-market.  The  wharfage  or  toll 
was  a  half-penuy  fi>r  every  boat  load  of  fish  which  was  lauded. 

It  may  be  said,  further,  that  the  first  dock  which  ivas  constracted  in  the  same  city  (now  so 
celebrated  for  its  immense  docks  and  warehouses)  was  used  by  the  Greenland  whale-fishers. 

So,  too,  Liverpool,  Eughind — the  presentmart  of  American  commerce — was  (■nee  a  poor  fish- 
ing village.  It  derived  its  first  importance,  towards  the  close  of  the  l'2th  century,  from  the 
circumstance  of  Heniyll  having  used  it  as  a  station  for  the  embarkation  of  troops  to  Ireland. 

And  Glasgow,  in  the  reign  of  James  I  of  Scotland,  was  a  small  village,  "  con.'iisting  of  little 
else  than  the  houses  of  the  clergy  belonging  to  the  metropolitan  church.  A  merchant  af  tlie. 
name  of  Eli>hiustou,  engaging  iu  the  fisheries  upou  the  coast,  and  accumulating  considerable 
wealth,  inspired  his  fellow-citizeus  with  a  similar  ambitiou." 


135 

igation  and  commerce  of  New  EtiyhiiKi,  1)\U  tlirectl}-  oppresscnl  and  re- 
strained them.  Omittino;  notice  ot"  the  acts  of  Parliament  which  do  not 
relate  specialty  to  the  subject  before  us,  the  first  law  to  claiiii  our  at- 
tention was  passed  in  1733,  after  a  discussion  of  two  ycais,  'i'liis  ;i(  i, 
by  imposing  duties  on  rum,  molasses,  and  sugar,  imported  into  tlie  col- 
onies trom  any  West  India  islajids  other  than  British,  was  designed  to 
break  up  an  extensive  and  valuable  tratle  \\  iih  the  French,  Dutch,  and 
Spanish  islands,  where  these  products  of  the  plantations  were  exchanged 
for  fish.  It  is  said  that,  previous  to  the  commencement  of  the  trade  to 
these  islands,  molasses  was  thrown  away  by  the  planters,  and  that  ihis 
article,  wliich  is  now  so  extensively  used  in  l<)()d,  was  first  saved  and 
put  into  casks  to  be  lirouglit  to  New  England,  lo  be  distilled  into  rum. 
Certain  it  is,  that  on  the  passage  of  the  act  of  J 733,  the  people  of  the 
northern  colonies  insisted  that,  unless  the}''  could  continue  to  sell  fish  to 
the  planters  of  the  foreign  islands,  and  to  import  molasses  from  thence 
to  be  manuficture<i  into  spirit,  for  domestic  consumption  and  for  trade 
with  the  Indians,  they  could  not  prosecute  the  fisheries  without  ruinous 
losses.  The  penalty  for  violating  the  act  was  the  Ibrtiitiu'e  of  vessel 
and  cargo.  Yet  New  England  never  submitted,  though  a.  fleet  was 
sent  to  enforce  obedience;  and  the  interdicted  trade  with  the  French, 
Dutch,  and  Spanish  islands  did  not  cease  until  a  late  period  of  the  con- 
trovers}^  which  terminated  in  the  Revolution.  In  fact,  therefore,  a 
measure  which  threatened  to  ruin  the  cod-fishery  of  New  Engfuid, 
produced,  as  I  incline  to  beheve,  no  serious  ij^jury  to  it,  for  quite  thirty 
years. 

But  in  1764  the  act  was  renewed,  and  the  collection  of  the  duties 
it  imposed  on  rum,  molasses,  and  sugar  was  attempted  b^^  the  ofiicers 
of  the  crown,  in  a  manner  to  create  the  most  anxious  concern;  fi)r,  the 
imisdiction  of  the  admiralty  courts  was  enlarged,  and  the  people  were 
deprived  of  the  trial  by  jur}' in  all  cases  arising  between  them  and 
the  government  under  this  law,  and  the  trade  and  navigation  laws 
generally. 

The  most  alarming  discontents  followed  the  collisions  and  quarrels 
which  constantly  occurred  between  ship-masters  and  merch-ints,  on 
the  one  hand,  and  the  officers  of  the  customs  on  the  other,  in  various 
parts  of  New  England,  and  especially  in  Boston,  Salem,  (douecster, 
Falmouth,*  and  elsewhere  in  Massachusetts  ;  and  the  impr(\ssion  be- 
came ireneral  among  connnercial  nuni,  that  their  business  and  property 
were  both  to  be  sacrificed  to  apjx'asc  the  clamors  of  the  planters  ol  die 
British  islands,  and  to  test  the  abihty  of  the  mother  coiiniry  to  "raise 
a  revenue  in  America"  under  the  "sugar  and  molasses  acts,"  ns  this 
odious  law  was  calh^d  in  the  politics  ot"  the  day. 

Mfantime,  the  Sf)ulhttn  lolouics  iKfuiilid  ihc  madness  oi-  foliy  of 
their  nfirlhern  brethren,  in  resisting  taxation  upon  so  homely  a  com- 
modity as  mithisses,  and  iriade  themselves  merry  over  the  neeounts  of 
the  quarrels  of  tin*  Yankees  {'ov  eht  .i|)  ^^sintlrtii/ig.^^ 

In  truth,  the  S<Mith,  from  first  to  last,  never S(>em(Mi  to  under-tand  or 
appreciate  the  iS^ath  upon  this  (|uestion,  and  i<)rl)ore  lo  eonie  (o  the 
rescue  for  years  alter  the   l<Mding  men   ol  .Massachusetts   had    wasted 


Nov  ForthnU,  T^iaiae. 


136 

their  energies  in  endeavors  to  induce  the  ministry  to  abandon  a  policy 
so  ruinous  to  northern  industry.  The  '•'■'petty  dealers  in  codfish  and  mo- 
lasses "  struggled  long  and  manfully,  but  without  success. 

The  State  piipers  of"  Massachusetts  contain  the  most  earnest  remon- 
strances against  the  "sugar  and  molasses  acts."  In  the  answer  of  the 
Council  and  House  of  Representatives  to  the  speech  of  the  governor, 
in  November,  1764,  it  is  said  that  "our  pickled  hsh  wholly,  and  a. great 
jiart  of  our  codfish,  are  only  fit  for  the  West  India  market.  The  Brit- 
ish islands  cannot  take  oW  one-third  of  the  quantity  caught;  the  other  two- 
thirds  mnst  he  lost  or  sent  to  foreign  plantations,  where  molasses  is  given 
in  exchange.  The  duty  on  this  article  will  greatly  diminish  the  import- 
ation hither  ;  and  being  the  only  article  allowed  to  be  given  in  ex- 
change for  our  fish,  a  less  quantity  of  the  latter  will  of  course  be  ex- 
ported— the  obvious  effect  of  which  must  be  a  diminution  of  the  fish- 
trade,  not  only  to  the  West  Indies  but  to  Europe,  fish  suitable  for  both 
these  markets  being  the  produce  of  the  same  voyage.  If,  therefore, 
one  of  these  markets  be  shut,  the  other  cannot  be  supplied.  The  loss  of 
one  is  the  loss  of  both,  as  the  fishery  must  fail  with  the  loss  of  either.^''  These 
representations  cover  the  whole  ground.* 

In  the  petition  of  the  Council  and  the  House  to  the  House  of  Com- 
mons, prepared  at  the  same  time,  it  was  urged  that  the  acts  in  question 
"must  ziecessarily  bringmany  burdens  upon  the  inhabitants  of  these  col- 
onies and  plantations,  which  your  petitioners  conceive  would  not  have 
been  imposed  if  a  full  representation  of  the  state  of  the  colonies  had 
been  made  to  your  honorable  House;"  that  "the  importation  o'^  foreign 
molasses  into  this  province,  in  particular,  is  of  the  greatest  importance, 
and  a  prohibition  will  be  prejudicial  to  many  branches  of  trade,  and 
will  lessen  the  consumption  of  the  manufactures  of  Great  Britain;  that 
this  importance  does  not  arise  merely,  nor  principall}'^,  from  the  neces- 
sity of  foreign  molasses,  in  order  to  its  being  consumed  or  distilled  within 
the  province,"  but  "that  if  the  trade,  for  many  years  carried  on  for 
foreign  molasses,  can  be  no  longer  continued,  a  vent  cannot  be  found 
for  more  than  one-half  of  the  fish  of  inferior  quality  which  are  caught 
and  cured  by  the  inhabitants  of  the  province,  the  French  not  permitting 
fish  to  be  carried  by  foreigners  to  any  of  their  islands,  unless  to  be  bar- 
tered or  exchanged  for  molasses;  that  if  there  he  no  sale  offish  of  inferior 
quality,  it  will  he  impossihle  to  continue  the  fishery  :  the  fish  usually  sent  to 
England  will  then  cost  so  dear,  that  the  French  will  be  able  to  undersell 
the  English  in  all  the  European  markets,  and  by  this  means  one  of  the 
most  valuable  returns  to  Great  Britain  will  be  utterly  lost,  and  that  great 
nursery  of  seamen  destroyed."  Accompanying  this  petition  was  a  let- 
ter to  the  agent  of  Massachusetts,  in  England,  which  closes  with  the 
remark,  that  "we  are  morally  certain  that  the  molasses  trade  cannot  be 
carried  on,  and  the  present  duty  paid." 

*  Mr.  Burke,  in  his  "Observations"  on  a  publication  called  "The Present  State  of  the  Na- 
tion," in  1769,  reviews  the  course  of  the  ministry,  aad  says  that,  aHio.ag  the  acts  relating  to 
Aiuerica,  were  "some  winch  lay  Itcavy  itfon  objects  iiecesstiryfor  t/ieh  Inule  and Jtshery ." 

Tlie  Hon.  Josiah  Quincy,  of  Massachusetts,  in  a  speech  delivered  ia  the  House  of  Repre- 
seutiitivcs  of  the  United  States,  in  1808,  on  our  "foreign  relations,"  enumerated  the  prfescipaS 
"causes  which  led  to  a  separation  from  Great  Britainj"  and  included  among  them  tie  '-eaa- 
barrassing  our  fisheries." 


137 

These  representations  were  fiillowed  b}-  a  letter  of  Mr.  Oliver,  secre- 
tary ot"  Massachusetts,  to  Mr.  Jackson,  the  colonial  agent,  written  in 
June,  1765,  by  order  of  the  general  court,  which,  as  showing  that  the 
evils  apprehended  were  not  imaginary,  I  insert  entire  :  "  By  several  of 
the  papers  directed  to  be  delivered  to  you  by  Mr.  Mauduit,  the  late 
agent,"  says  the  secretary,  "  you  will  observe  the  oj)ini()n  ol  the  two 
houses  with  regard  to  some  of  the  probable  ill  effects  of  the  last  year's 
acts  of  Parliament  for  granting  certain  duties  in  the  colonies,  and  some 
of  them,  with  respect  to  trade,  have  been  already  verified,  as  will  ap- 
pear liy  the  peiitions  and  statements  of  Messrs.  Patrick  Tracy,  Thomas 
Boylslon,  and  Fortesque  Vernon,  merchants  within  this  province.  In 
consequence  of  said  act,  three  vessels,  belonging  to  them  severally, 
have  been  seized  and  condemned ;*  with  respect  to  which  matter,  they,  in 
their  petitions  in  general,  declare  that  their  vessels  sailed  hence  betbre 
said  act  took  place,  viz :  before  September  last ;  that  no  bond  was  re- 
quired of  them  at  the  respective  custom-houses  at  which  their  vessels 
were  cleared  out,  and  that  said  act  did  not  require  any  liond  ;  that 
said  vessels  proceeded  to  the  French  islands  and  loaded  with  molasses  ; 
:;liat,  on  return,  they  were  forced,  by  stress  of  weather,  two  of  them 
into  New  Providence,  and  the  other  into  Bermuda;  that  these  were 
the  first  English  ports  which  Trac}'  and  Bovlston's  had  put  in  at  after 
saihiig  hence  ;  that  Wilham  Vernon's  vessel  had  only  touched  at  Bar- 
badoes,  and  sailed  again  before  the  29th  of  September;  that  at  Provi- 
dence and  Bermuda  said  vessels  were  seized  and,  with  their  cargoes, 
by  the  court  of  admiralty,  finally  adjudged  and  condemned — forfeited 
for  a  want  of  certificates;  that  bonds  had  been  given,  pursuant  to  said 
acts  ;  that  the  vessels  and  cargoes  were  appraised  at  a  rate  much  l^e- 
low  their  value,  with  a  view  (they  say)  that,  in  case  they  should  be 
able  to  reverse  the  decree,  they  should,  notwithstanding,  recover  a 
small  part  of  the  value  of  their  vessels  and  cargoes.  This  is  a  brief 
representation  they  make,  as  you  will  see  by  their  petitions.  If  their 
re]jrest  ntation  be  just,  their  case  is  really  hard,  and  merits  the  notice  of 
those  who  have  the  power  to  relieve  them." 

A  detailed  account  of  the  seizures  of  French  and  Spanish  molasses, 
which,  contrary  to  the  acts  of  Parliament,  was  continually  imported — 
or,  to  speak  the  exact  truth,  srniig(rhd — would  occu{)y  too  much  space  ; 
yet,  as  the  "molasses  excitement"  was  one  of  the  earliest  in  the  revo- 
lutionary controversy,  some  further  notice  of  the  course  of  events  can- 
not well  be  onutted.  The  mercliants,  determined  to  maintain  inter- 
course with  the  interdicted  islands,  devised  a  plan,  finally,  which  for 
a  time  enabled  them  to  accomj)lish  their  purpose,  and  still  avoid  the 
])enalties  of  the  law.  This  j)lan  was  simply  to  lade  their  vessels  with 
molasses  at  the  French  islands,  as  usual,  but  to  purchase  clt^arances, 
"  sii^ncd  witli  the  name,  if  not  the  hiindwriting,  ot"  the  governor  olAn- 
guilla,  who  acted  also  as  collector."  This  isl.ind  was  so  small  as  not 
to  aff()rd  a  cargo  for  a  single  vessel,  as  was  well  known  to  the  collect- 
ors of  the  customs  in  New  P^ngland  ;  yet  they  permitted  vessels  fur- 


*  The  aft  wiiicli  iinpoRcd  n  duty  of  sixpi'iico  the  nallon  upon  nil  foreran  ihdUissi's  iniport«'d 
hito  tlif  (•(ilniiics  cuvf  (iiit'-fliird  jiart  of  tin'  proceeds  of  foil'citiiri'K  to  the  croHii,  for  tlie  use  of 
ttii'  colony  wlicrr  tlio  forfeiture  occurrcil,  onc-tliiiii  to  the  (,'overnor  of  tliiif  cidoiiy,  and  ou©- 
third  t<i  tlio  iuforiuer.     "  Tlio  act,"  says  Ilutcliiusoii,  "  was  always  doeiuud  a  griovaucu.'" 


138 

nlshed  with  the  "Anguilla  clearances"  to  enter  with  their  cargoes 
without  inquiry,  for  a  considerable  time ;  but,  on  a  sudden,  hbels  were 
filed,  and  prosecutions  were  commenced  in  the  court  of  admirjilty 
against  those  who  had  been  concerned  in  such  evasions  of  the  statutes, 
and  ruinous  forfeitures  of  propeity  and  renewed  clamors  were  the  con- 
sequences. 

We  pass  to  other  topics.  In  1762,  the  fishing  towns  of  Massachu- 
setts, alarmed  at  the  news  that  the  French  had  captured  St.  John, 
Newfoundland,  petitioned  the  governor  and  council  to  fit  out  a  ship  and 
a  sloop,  then  in  the  service  of  the  province,  to  protect  their  vessels. 
Both  vessels,  in  accordance  with  these  petitions,  were  provided  with 
additional  men  and  means  of  defence,  and  sent  to  sea.  The  expense 
thus  incurred  became  the  subject  of  legislative  inquiry,  and  was  ob- 
jected to  because  the  executive  branch  of  the  government  had  appro- 
priated the  pubfic  money  without  the  consent  or  knowledge  of  the  rep- 
resentatives of  the  people.  The  debate  in  the  House  was  angry  and 
protracted.  James  Otis,  the  popular  leader,  used  expressions  never 
before  uttered  in  the  colonies  ;  and,  soon  after  the  close  of  the  session, 
published  a  pamphlet,  in  which  he  justified  himself  for  his  conduct  on 
the  occasion,  and  deiended  with  great  ability  the  principles  for  which 
he  had  contended  as  a  member  of  the  House.  "  This  production  has 
been  considered  the  original  source  from  which  all  subsequent  argu- 
ments against  taxation  were  derived  ;"  while  the  whole  anair  created 
an  intense  excitement,  and,  in  the  judgment  of  the  biographer  of  Otis, 
exerted  very  great  influence  in  causing  the  Revolution. 

It  is  a  singular  fact,  that  the  fisheries  furnished  the  advocates  of  the 
supremacy  of  Parliament  with  one  of  their  best  illustrations.  They 
stated  that  the  authority  of  the  imperial  legislature  was  indispensable 
in  many  cases,  and  that  without  it  the  colonies  would  often  be  involved 
in  conflicts  injurious  to  each  other's  interests.  Governor  Hutchinson, 
in  his  rsniiarks  upon  the  question,  said,  substantially,  that  it  had  been 
generally  thought  a  public  benefit  to  prevent  fishing  vessels  from  depart- 
ing on  their  voyage  until  the  month  of  April;  but  that  if  any  colony 
engaged  in  the  business  failed  to  conform  to  a  law  imposing  such  a 
regulation,  others  that  comphed  with  it  would  suffer,  because  their  fish, 
later  caught,  must,  of  necessity,  be  later  in  market ;  and  he  declares 
that  a  motion  had  actually  been  made  in  the  legislature  of  Massachu- 
setts, a  few  years  previously,  for  parliamentary  interposition  in  this 
behalf,  which  filled,  not  in  consequence  of  any  objection  to  the  princi- 
ple involved  in  the  motion,  but  because  a  majority  of  the  members  dis- 
approved of  the  restraint  itself,  and  were  willing  that  fishing  vessels 
slioulil  di'part  from  port  before  April,  and  whenever  their  owners  and 
masiers  thought  proper. 

In  1772,  a  fishing  vessel,  having  one  passenger  on  board,  sailed  from 
Boston  for  Chatham,  Cape  Cod.  The  morning  after  her  departure  she 
was  discovered  without  her  crew,  who,  as  the  passeng*  r  said,  were  all 
murdered  soon  after  leaving  Boston,  by  a  party  of  men  who  came  on 
board  in  a  boat,  despatched  from  ;in  armed  schooner.  This  parly,  he 
further  averred,  phmdei-ed  the  fishing  vessel,  lashed  her  helm  with  her 
sails  standing,  and  abandoned  her;  while  he,  supposing  that  they  be- 
longed to  a.  King's  cruiser,  and  would  impress  him,  concealed  himself 


139 

b}' hanging  h3'his  hnnds  over  the  stern.  The  pnssenger  wns  exnmined 
1)V  a  niagistrare.  who  gave  credit  to  his  Ptorv,  and  snffrred  him  to  go  at 
Luge,  but  still  sent  a  copy  of  the  examination  to  the  governor.  The 
account  seemed  untrue  to  the  governor,  who,  as  commissioner  for  trial 
of  piracies,  issued  a  warrant  to  apprehend  him,  and  he  was  tiied  for 
murder  at  a  special  court  of  admiralty.  He  was  acquitted  ;  but  the 
afliiir  was  transferred  to  the  politics  of  the  time,  and  did  nnich  to  in- 
crease the  popubir  excitement.  He  was  visited  by  several  of  tlu^  lead- 
ing whigs,  who  allirnied  their  belief  in  his  declnrjitions,  and  charged 
the  murder  upon  a  vessel  of  the  royal  navy;  while  th(^  tories,  on  the 
contrar}^  insisted  that  he  killed  ihi-ee  of  the  crew  to  obtain  their  money, 
and  then  took  the  life  of  the  foiirih,  who  was  a  boy,  to  prevent  detec- 
tion. 

These  incidents  will  serve  to  show  the  connexion  of  the  fisheries 
with  the  questions  which  caused  a  dismemberment  of  the  British  em- 
pire. It  remains  to  speak  of  the  act  of  Parliament  passed  in  1775, 
which,  by  depriving  the  people  of  New  England  of  the  right  of  fishing, 
was  designed  to  "starve  them  into  submission."  The  tr;ule  arising 
from  the  (■;  id-fishery  alone,  at  that  period,  lurnished  the  northern  colo- 
nies witli  nearly  half  of  th(Mr  jcmittances  to  the  mother  country,  in 
payment  for  artieles  of  British  manufacture,  and  was  thus  tlie  very  life- 
l)loo(l  of  their  commerce.  The  fishing  towns  had  become  populous  and 
rich.  M'arl)khe;;d,  for  example,  next  to  Boston,  was  the  most  import- 
ant ]>lace  in  ]M:!Ssachusetts,  and  was  second  to  the  capital  only  in  pop- 
ulatien  and  tax:!ble  property.  A  fearful  change  awaited  all.  The  dis- 
])ute  wjs  now  to  be  determined  bv  an  appeal  to  arms,  and  every  mar- 
itime eiiterprJse  was  to  be  int  rinp'ed  and  ruined.* 

On  the  10th  of  February,  Lord  North  moved  "that  leav^-  be  given 

*  Tlie  inhaliitiuits  <if  the  sea-shore  of  Massachusetts,  iiiii>('ll<'il  Ity  their  necessities,  cora- 
monced  the  luaniifacrure  of  salt  from  sea-water  early  in  the  Revolution.  From  the  accounts 
preserved,  it  would  seem  that  they  boiled  the  water  at  first,  but  were  compelled  to  reliiii|uish 
tJie  experiment  because  of  the  expense,  and  of  the  impurity  of  the  salt.  The  next  aHeuipt 
was  liy  sidar  evapoi'ation,  ou  Boston  Neck,  by  (Jeneral  Palmer,  "a  wiuthy  and  enterprising 
jrentlcman."  who  failed  in  ccmsequence  of  ihe  rain-water  which  frli  into  liis  uncovered  works. 
The  third  ex])eiiment  is  said  to  have  been  made  in  Dennis,  ("ape  Cod,  by  Captain  John  Shears, 
who,  in  the  end,  was  successful.  He  constructed  a  vat  with  rafters  and  shultrrs,  so  arranged 
a.s  to  exclude  tin-  rain  in  storms,  and  to  exjiose  the  sea-wafer  to  tiie  acrien  of  the  sun  in  pleas- 
luit  weaiher.  The  first  year  he  obtained  oidy  eiyht  bushels  of  salt.  His  nei<ihbors  cijll.'d  his 
invention  "Sears's  Folly;"  yet  he  perseveri'd.  Tlie  s.-cond  yi-ar  he  made  tliirfy  buslitds  of 
salt.  The  fourth  year,  instead  of  pouriuf:  water  into  Ids  vat  from  luickets,  he  iutrodined  a 
//'//i^/-])ump.  In  J?.-'),  at  the  suiruestioii  of  Major  Natlianiid  Freeman,  of  Harwich,  be  contrived 
H  7r!n(/-pun)p,  which  he  continueil  to  use,  and  which  saved  a  vast  deal  itt'  labor.  In  17'.i:',  Mr. 
K^'ubeii  Sears,  of  Harwitdi,  invented  covers  for  salt-vats,  to  nu)v»!  on  shives,  or  small  wheels, 
as  in  ships'  l)locks.  Five  years  later  Air  Hattil  Ivelley,  of  Demds,  constructed  a  new  kind  of 
vat,  and  a  new  nsethod  of  movinp  the  covers.  Various  clianjics  were  nmde  by  dillerent  ])er- 
sons  sMbse(picntly ;  and  the  manufacture  (d"  salt  from  sea-water,  by  solar  evaiioration.  liecauK' 
extensive,  itnd  at  times  profitable,  ('apt.  .Icdin  Sears  was  assisted  in  tlie  improx  I'lU'-nis  in  his 
works  by  Capt.  William,  Capt.  Christopiier  Crowell,  and  by  ('apt  Kdward  Sears,  of  Demiis. 
They  resiijMe<l  to  Idm  whatever  claims  th<'y  nn;;ht  have  had  for  their  aid;  and  in  ITlMt  be  ob- 
t.ained  ji  patent  from  tht^  ).;ovci-mnent.  His  ri;;ht  was,  however,  disputed  by  others,  who 
asserted  that  he  nmde  no  "new  discovery." 

In  IH:i'<J  the  number  of  salt-works  in  the  comity  of  I'.anistalde,  .^^assal■lmsetts,  was  i:ii).  con- 
tniinnir  l".il.^>K5  feet.  These  W(M'ks  were  estimated  to  produce,  aiimuilly,  salt  of  (lie  value  of 
$11,7011.  The  business  increased  nijiidiy;  ami  iu  l-^i'.'i  the  number  of  feet  id' sali-wcuks,  in 
fJie  same  county,  was  I,l"J.">,l)(li) :  the  (piaiitity  of  salt  numiifactured,  :!.')SO.'.0  bushels.  The 
rediieiiiin  of  the  duty  on  the  foreijiu  artiide,  and  otiier  causes,  produced  a  prejit  ( liiinye  in  the 
value  of  thi.s  description  of  property.     Iu  16'M  the  nnmufuclure  was  ruinously  de)>ressed;  aud 


140 

to  bring  in  a  bill  to  restrain  the  trade  and  commerce  of  the  provinces 
of  i^[^^;sachusetts  Bay  and  New  Hampshire,  the  colonies  of  Connecticut 
and  Rhode  Island  and  Providence  Plantation,  in  North  America,  to 
Great  Britain,  Ireland,  and  the  British  islands  in  the  West  Indies;  and 
to  prohibit  such  provinces  and  colonies  from  carrying  on  any  fishery  on 
the  Banks  of  Newfoundland,  or  other  places  therein  to  be  mentioned, 
under  certain  conditions,  and  for  a  time  to  be  limited."  He  supported 
his  motion  by  declaring  that,  as  the  Americans  had  refused  to  t  ade  with 
Great  Britain,  it  was  but  just  that  they  should  be  deprived  of  the  right 
to  trade  with  any  other  nation.  In  particular,  he  said  that  the  fishery 
on  the  Banks  of  Newfoundland,  and  the  other  Banks  in  America,  was 
their  undoubted  right,  and  that,  therefore,  such  disposition  might  be  made 
of  them  as  the  government  pleased.  The  two  houses,  he  continued, 
had  declared  that  a  rebellion  existed  in  IMassachusetts,  and  that  it  was 
just  to  deprive  that  province  of  its  fisheries;  that  though  a  government 
still  existed  m  New  Hampshire,  the  royal  authority  was  weak;  that  a 
quantity  of  powder  had  been  taken  out  of  a  fort  there  by  an  armed 
mob;  and  that,  besides,  the  vicinity  of  that  province  to  Massachusetts 
Ba}^  was  such,  that  if  it  were  not  included,  the  purpose  of  the  act  would 
be  defeated.  Rhode  Island,  he  stated,  was  not  in  much  better  situation 
than  Massachusetts;  that  several  pieces  of  cannon  had  been  taken  and 
carried  into  the  country,  and  that  the  people  were  arming  to  aid  any 
colony  that  should  be  attacked.  With  regard  to  Connecticut,  he  ob- 
served that  a  large  body  of  her  men  had  marched  into  Massachusetts, 
on  a  report  that  the  soldiers  had  killed  some  inhabitants  of  Boston,  and 
that  that  colony  was  in  a  state  of  great  disorder  and  confiision.  To 
this  he  added,  that  the  river  Connecticut  afforded  the  people  of  that 
colony  an  opportunity  of  carrying  on  the  fishery,  and  that  the  same 
might  be  said  of  Rhode  Island;  and  as  the  argument  of  vicinity  might 
be  applied  also  to  New  Hampshire,  the  whole  ought  to  be  included  in 
the  prohibition  to  fish  and  trade,  in  order  that  the  act  might  not  be  de- 
feated. But  he  was  willing,  he  said,  to  admit  of  such  alleviations  of 
the  measure  as  would  not  prove  destructive  to  its  great  object,  and 
would  therefore  move  it  as  only  temporary,  and  would  permit  particu- 
lar persons  to  be  excepted,  on  certificates  from  the  governor  of  their 
good  behavior,  or  upon  their  taking  a  test  of  acknowledgment  of  the 
rights  of  Parliament. 

Lord  North  having  concluded,  a  most  interesting  and  animated  de- 
bate was  commenced,  which  was  continued  from  time  to  time  until 
the  final  passage  of  the  bill.  It  was  during  the  discussion  of  this  meas- 
ure that  Fox  made  h'is,  Jirst  great  speech;  and,  as  we  learn  from  a 
letter  of  Gibbon,  the  historian,  to  Lord  Sheffield,  that  he  "discovered 
powers  for  regular  debate  which  neither  his  friends  hoped  nor  his 
enemies  dreaded."  I  cannot  forbear  to  insert  a  condensed  \iew  of 
the  course  of  argument  of  the  members  of  Parliament  who  defended 
and  who  opposed  this  crowning  act  of  a  cruel  and  barbarous  policy.* 

salt-works,  which,  for  many  years  previously,  had  been  considered  valuable,  as  affording  a  cer- 
tain income,  could  hardly  be  sold  at  prices  above  the  cost  of  the  materials  used  in  construct- 
ing them. 

*  This  debate  is  here  abridged  from  the  American  Arcliivfs.  A  regard  for  brevity  has  not 
allowed  me,  generally,  to  preserve  verbal  accuracy;  but  I  have  endeavored  to  give  a  faithful 
gynopsis  of  the  remarks  of  the  respective  speakers. 


141 

Mr.  Duiitiing  opposed  the  bill.  lie  thougliL  llint  the  Americans  had 
a  right  to  fish  on  the  Banks  of  Newfoundland  ;  that  there  was  no  re- 
bellion in  ^fassachusetts  Bay,  and  nothing  there  that  could  be  con- 
strued into  treason  ;  that,  if  even  there  was  a  rebellion  in  some  parts,  the 
whole  should  not  be  punished  ;  and  why,  he  asked,  })unish  Xew  Hanij)- 
shire,  Khode  Island,  and  Connecticut?  "  The  minislers,"  he  added, 
"  were  the  best  authors  of  a  receipt  to  malie  rebellion." 

Mr.  Attorney  General  Thurlow  followed  in  reply.  In  his  judgment 
there  iras  a  rebellion  in  Massachusetts. 

Ciovcn^nor  Johnstone  said  that  the  measure  Was  absurd  and  erud;  that 
the  God  oC  nature  had  given  these  fisheries  to  Acw  and  not  to  Old  Eng- 
land, and  the  ])rop()sition  to  starve  a  whole  people,  except  such  as  the 
governor  should  think  proper  to  favor,  was  inhuman  ;  and  that  thia 
partial  permission  would  give  rise  to  unjust  preference,  monopoly,  and 
all  soils  of  jobs.  He  declared,  further,  that  he  had  served  in  the  navy 
during  the  entire  period  of  the  last  war,  and  that  it  was  a  constant  rule 
in  the  service  for  the  British  cruisers  on  the  enemy's  coast  to  spare  the 
fishing  craft,  thinking  it  savage  and  barbarous  to  deprive  the  poor 
fishermen  of  their  little  means  of  livelihood,  and  the  miserable  inhabit- 
ants of  the  seacoast  of  their  daily  food. 

Sir  George  Saville  exposed  the  folly  of  depriving  one  province  of  its 
subsistence  because  rebellion,  we  knew  not  where  nor  by  whom,  is 
lurking  in  it ;  and  then  punishing  a  second  province  because  it  is  next 
door  to  rebeUion ;  a  third,  because  ministers  would  accomplish  nothing 
if  a  third  were  allowed  to  escape  ;  and  a  fourth,  because  otherwise  the 
authors  of  the  scheme  could  not  square  their  plan. 

Sir  W.  Meredith  supported  the  bill.  He  indulged  in  terms  of  severe 
reprobation  ol'  the  spirit  which  continued  to  prevail  in  the  colonies; 
and  concluded  with  declaring,  that  whatever  distress  might  be  occa- 
sioned l)y  suspending  the  fisheries,  the  Americans  would  have  no  cause 
to  complain,  since  they  had  commenced  the  same  course  of  conduct, 
and  liad  resolved,  as  far  as  was  in  their  power,  to  ruin  British  mer- 
cliaiits  and  manufjcturers,  and  to  starve  all  the  West  India  islands. 

Lord  Beauchamp  and  8ir  Richard  Sutton  defended  the  ministry  on 
similar  grounds,  and  because  the  colonists  had  prohibited  trade  with 
tlie  mother  country. 

Mr.  Burke  was  extremely  severe  in  the  course  of  his  attack  upon  the 
bill,  and  remarked  that  the  ministers  had  disposed  of'  flnu-  ol"  their  \)xa- 
vinces ;  some  f()r  concealed  rebellion,  oili(>rs  lor  concealers  ot*  the 
concealment;  some  for  infection,  and  oiIkms  for  being  next  door  to 
infeelion.  But,  said  lie,  llier(>  is  a  lilih  pioviiiee  which  is  as  likely  to 
suffer  as  any  of  the  four,  and  (IkiI  province  is  j-higlaiid,  which  has  seve- 
ral hundreds  of  thousands  of  Ikt  property  in  the  four  provinces  otWew 
Knglaiid  ;  and,  as  these  can  only  [)ay  their  debts  by  means  of  the 
fislier.es,  and  the  trades  that  depend  upon  iIkuu,  the  effect  of  the  pas- 
sage of  the  bill  will  be  to  beggar  the  English  merchants  and  manufac- 
turers. 

Lord  North's  motion  was,  however,  agreed  to — two  Imndied  and 
sixty  one  members  voting  in  favor,  and  i)ut  eighty-five  against  it. 

On  the  2Sth  of  February  the  bill  was  taken  up,  and  several  persons 
acquainted  with  the  fisheries  were  examined  as  to  their  value,  and  the 
probable  results  of  suspending  them.     Mr.  David  Burclcy  appeared  to 


142 

conduct  the  examination,  as  the  agent  of  the  committee  of  North  Amer- 
ican merchants.  Much  useful  information  was  ehcited  in  the  course  of 
the  inquiries.  Mr.  Brook  Watson  was  the  first  witness.  He  stated 
that  he  had  been  called  to  the  bar  of  the  House  in  17G5  and  1766,  to 
give  such  testimony  as  he  could  with  regard  to  the  American  fisheries ; 
since  which  time  he  had  received  additional  information  from  his  cor- 
respondents in  America,  and  had  actually  visited  the  counlr}^  himself. 
A  considerable  part  of  his  statement  relates  to  estimates  of  vessels  and 
men  employed,  and  the  value  of  the  produce  of  the  different  branches 
of  the  business,  which  I  am  compelled  to  omit.  As  curious  facts  to 
show  commercial  transactions  of  the  time,  we  may,  however,  ol)seive, 
that  he  testified  that  the  shipment  of  brandy  from  England  to  Canada 
had  entirely  ceased,  in  consequence  of  the  consumption  of  rum,  made 
in  New  England  from  molasses ;  and  that,  so  dependent  were  the 
colonies  upon  the  mother  country,  as  to  import  "everything"  they 
used,  'except  salt,  and  the  timber  of  which  tlieir  vessels  were  built." 

The  second  witness  was  Stephen  Higginson,  "  from  Salem,  in  the 
Massachusetts  Bay,  a  merchant."  After  Mr.  Higginson,  Mr.  John 
Lane,  a  New  England  merchant,  and  Mr.  Seth  Jenkins,  from  the  island 
of  Nantucket,  were  interrogated  with  great  particularity  and  minute- 
ness. Their  testimony  as  to  the  injury  to  be  infiicted  upon  their  coun- 
try by  the  passage  of  the  bill,  was  strong  and  definite.  T^Ir.  Jenkins,  on 
being  asked  how  long  the  people  of  New  England,  who  subsisted  by 
fishing,  could  live  without  employment,  replied,  '■'■  Perhaps  three  mdnths.''^ 
The  ministry,  I  think,  from  several  questions  submitted  to  the  wit- 
nesses, indulged  the  hope  that  many  fishermen  would  emigi'ate  from 
the  disaffected  colonies  to  the  more  loyal  province  of  Nova  Scotia,  and 
there  pursue  their  avocation.  But  the  answers  they  received  must  have 
convinced  them  of  their  mistake. 

On  the  6th  the  consideration  of  the  bill  was  resumed. 
Lord  Howe  insisted  upon  the  necessity  of  its  passage,  as  the  only 
moderate   means  of  bringing  the  disobedient  provinces  to  a  sense  of 
their  duty,  without  involving  the  empire  in  all  the  horrors  of  a  civil 
war. 

Mr.  Fox  was  of  the  opinion  that  the  bill  was  designed  to  put  an  end 
to  all  that  remained  of  the  legislative  authority  of  Great  Britain  over 
America.  He  was  quite  satisfied,  he  said,  that  it  was  meant  to  exas- 
perate the  colonies  into  open  and  direct  rebellion ;  that  hitherto,  rebel- 
lion was  only  asserted  ambiguously  of  one  colony,  but  would  now  lie- 
come  apparent  and  universal  in  all,  and  thus  give  an  opportunit}'-  for 
drawing  the  sword  and  throwing  away  the  scabbard;  and  that  the 
colonists,  deprived  of  their  means  of  subsistence,  and  of  provisions  from 
other  comitries,  would  have  no  alternative  left  them  but  starvation  or 
rebellion. 

Mr.  Jenkinson  came  to  very  difTerent  conclusions.  The  fact  so 
strongly  stated  by  Mr.  Fox,  he  remarked,  impressed  him  with  the  belief 
that  the  colonists  aimed  at  independence  from  the  beginning;  and  he 
thought  the  bill  to  be  just  in  every  respect,  and  even  merciful,  consider- 
ing the  offences  of  those  who  were  the  objects  of  it. 

Mr.  T.  Townsend  urged  the  cruelty  and  injustice  of  the  measure ;  a 
measure  which  made  no  discrimination  between  innocence  and  guilt; 


143 

which  starved  all  alike;  and  whic-li  had  a  tendency  to  fix  an  eternal 
hatred  of  England  and  of  rarlianienl  in  the  minds  of  the  Americans. 

Tiie  Solicitor  General  of  Scotland,  Mr.  Henry  Dundas,  said  the  bill 
had  his  most  hearty  approbation.  It  is  just,  he  declared,  because  pro- 
voke<l  by  the  most  criminal  disobedience;  it  is  merciful,  because  thai 
disobedience  would  have  justified  military  execution ;  and  as  to  the 
famine  which  had  been  so  ptilhcficalhj  lamcvtcd,  he  was  a/raid,  lie  said,  that 
U  u-ould  not  he  produced  bij  (lie  act.  The  people  of  New  England,  though 
deprived  of  the  sea-fisheries,  could  still  fish  in  their  rivers;  and  though 
he  understood  that  the  countrj'  was  not  fit  for  grain,  yet  the  colonists 
had  a  kind  of  grain  of  their  own — Indian  corn — on  wliich  they  might 
subsist  as  well  as  they  deserved;  but  whether  they  might  so  subsist  or 
not,  was  no  matter  that  he  was  bound  to  consider. 

Lord  John  Cavendish  expressed  himself  to  be  shocked  at  the  perfiict 
ease  and  idacrity  with  which  gentlemen  voted  famine  to  a  whole  people; 
and  he  was  particularh^  surprised  at  the  ideas  of  clemency  entertained 
by  the  learned  gentleman  who  spoke  last,  (Dundas.)  That  functionary 
of  the  crov.-n  had  commended  the  bill  because  it  was  not  sanguinary, 
assuming  that  to  kill  by  starving  is  not  cruelty;  and  that,  provirled  a 
man's  blood  be  not  shed,  he  raa}^  be  destroyed  with  great  gentleness  in 
any  other  way  whatsoever.  As  for  himself,  he  could  not  but  regard 
the  bill  as  alienating  the  Am.ericans  forever,  and  rendering  useless  any 
jx)ssible  plan  of  reconciliation. 

Mr.  Rice  adopted  the  proposition  l)efore  the  House,  he  stated,  with 
great  pain  and  reluctance.  It  was  harsh,  but  harsh  measures  were 
unfortunately  necessary.  He  was  satisfied,  fi-om  a  careful  comparison 
of  all  the  parts  of  the  proceedings  of  the  Americans  with  each  other, 
that  independence  was  their  object. 

Mr.  Burke  now  rose  and  said,  that  he  was  afraid  any  debate  on 
the  subject  was  to  little  pur})ose.  The  road  by  penitence  to  amend- 
ment was,  he  knew,  humiliating  and  dilllcult. 

The  greater  part  of  mankind  were  disposed  to  think  like  ^lacl^eth; 

"  I  am  in  blood 
Stcpt  in  so  far,  tliar  nhould  I  wade  no  more, 
Returning  were  as  tedious  as  go  o'er.  " 

And  thus  thev  pass  toward  the  further  bank,  be  the  channel  ever  so 
wide,  or  the  Hood  ever  so  deep  and  rapid.  This  measure  was  in  the 
same  spirit  as  all  former  ones,  and  he  di<l  not  doubt  would  be  produc- 
tive of  the  very  same  consequences.  This,  continued  he,  is  in  etlect 
the  Boston  Port  Bill,  but  upon  infinitely  a  larger  scale.  Evil  princi- 
ples were  prolific:  the  lioslon  Port  liill  begot  this  New  England  bill; 
this  New  England  bill  will  beget  a.  \'irginia  bill  ;  again,  a  Carolina 
bill;  and  that  will  beget  a  Pennsylvania  l)ill,  lill,  one  by  one.  Parlia- 
ment will  ruin  all  its  colonies,  and  root  up  all  its  commerce,  and  the 
statute-book  become  nothing  but  a  black  and  bloody  roll  ot  proscrip- 
tifHi — a  frightful  codcofrigfjr  and  tvrann\' — a  monstrous  digest  of  acts 
of"  pinalty,  incapax^ity,  and  gfnera.l  attainder;  so  that,  open  it  wIktc 
you  will,  you  will  find  a  title  for  destroying  some  trade,  or  ruining 
some  province.  This  act  conl()un(Is  all  kinds  of  people,  all  ages, 
all  sexes,  in  one  common  ruin.  Nothing  can  be  more  foolish,  more 
cruel,  and  more  insulting,  than  lohoKlout,  as  a  resource  to  the  stai'ving 


144 

risliermert,  ship-builders,  and  others  employed  in  the  trade  and  fish- 
eries of  New  England,  that  after  the  plenty  of  the  ocean,  they  may 
poke  in  the  brooks,  and  rake  in  the  puddles,  and  diet  on  what  we  con- 
sider as  husks  and  draft  for  hogs. 

He  averred  that  he  was  convinced  by  the  whole  tenor  of  the  de- 
bale,  as  well  as  by  private  conversation,  that  most  of  those  who 
would  vote  for  the  bill  had  never  read  it,  and  would  support  it  out  of 
respect  to  the  opinions  of  others ;  and  he  concluded  with  expressing 
the  hope  that  such,  if  any  there  were,  would  have  the  benefit  of  the 
prayer  made  for  those  who  alone  had  done  an  act  worse  than  this : 
*'  Forgive  them;  they  know  not  what  they  do." 

The  Lord  Advocate  of  Scotland  replied,  and  closed  the  discussion. 
He  charged  upon  those  who  took  part  with  the  Americans  in  Parlia- 
tnent  and  elsewhere,  all  the  guilt  and  bloodshed  that  might  come  of 
the  measures  of  the  government.  He  sat  down  in  temper ;  the  House 
evincing  much  impatience. 

The  vote  on  the  question  of  passing  the  bill  to  a  third  reading  was 
then  taken :  two  hundred  and  fifteen  members  answered  aye,  and 
sixty-one  no. 

On  the  day  assigned,  namely,  the  Sth  of  March,  the  bill  was  put 
upon  its  final  passage.  Mr.  Hartley  introduced  an  amendment  provi- 
ding that  the  colonies  might  transport  coastwise,  and  from  one  to  the 
other,  "fuel,  corn,  meal,  flour,  or  other  victual;"  and  supported  his 
views  in  a  speech  of  great  power.  He  reviewed  the  dealings  of  Par- 
liament with  Massachusetts,  and  pointed  out  the  disastrous  consequences 
that  were  sure  to  result  to  the  commerce  and  manufactures  of  the 
mother  country  herself  from  the  act  before  the  House. 

Lord  North  opposed  the  amendment.  Mild  and  courteous  in  his 
words  and  bearing,  he  yet  avowed  his  determination  to  adhere  to  the 
principles  of  the  bill  as  they  stood  ;  and  so  far  from  relaxing  from  these, 
said  he,  more  severe  measures  must  follow  if  the  conduct  of  the  colo- 
nists rendered  such  further  legislation  necessary. 

Mr.  Burke*  again  attacked  the  ministry  in  a  speech  of  exceeding 
warmth  and  bitterness.  The  act,  he  uttered,  is  not  sanguinary.  No ; 
it  did  not  mean  to  shed  blood;  but,  to  suit  some  gentlemen's  humanity, 
it  oviy  meant  to  starve  five  hundred  thousand  people — men,  women, 
and  children  at  the  breast.  Some  gentlemen  had  even  expressed  their 
approbation  of  famine  in  preference  to  fire  and  sword.  The  act  not 
onl}'^  took  from  these  people  the  means  of  subsisting  themselves  by  their 
own  labor,  but,  if  the  amendment  proposed  should  be  rejected,  would 
deprive  them  also  of  support  by  the  charity  of  their  friends.  The 
ministry  reduced  them  to  beggary  first,  and  then  took  the  beggar's  scrip 
from  them ;  nay,  they  even  dashed  from  the  mouth  of  hunger  the  mor- 
sel which  the  hand  of  benevolence  would  bestow. 

Lord  Clare,  in  reply,  said  he  would  not  enter  the  list  with  the  hon- 
orable gentleman  who  had  just  spoken ;  he  should  wage  an  unequal 
war.     But  he  had  in  his  hand  a  friend  who  was  a  match  for  him — his 

*  Mr.  Burke,  in  his  speech,  subsequeutly,  oq  his  "resolutions  for  conciliation  with  the  colo- 
nies," March  22,  1775,  refers  to  this  bill  as  "the  grand  penal  bill  by  which  we  have  passed 
aeeteace  on  tiie  trade  and  sustenance  of  America." 


145 

old  friend  Sir  Joshua  Chre,  a  gront  friend  to  Americn,  tliouoh  no 
patriot;  a  rnnn  who  had  written  i^etter  on  trade  than  any  other  man 
living,  and  who  km^w  nior(>  ot  America;  and  Sir  Josliua  (ihee  says,  if 
ever  the  people  of  'Sew  England  should  aim  to  set  up  f()r  themselves, 
we  must  do  the  very  things  we  are  now  doing — restrain  their  trade 
and  prohibit  them  iiom  the  fishery,  and  we  shall  soon  bring  them  to 
their  senses. 

Mr.  Fox  renewed  his  opposition  in  terms  of  lofiy  indignation. 
He  was  followed  bv  Governor  Pownall,  who  declared  that  he  con- 
sidered the  measure  as  simply  one  of  commercial  regulation,  and  that 
it  should  have  his  support. 

Mr.  Dundas,  as  on  a  former  occasion,  closed  the  debate.  Mr.  Hart- 
ley's amendment  was  rejected  by  a  very  large  majoi-ity;  whereupon 
the  House  "  resolved  that  the  bill  do  pass;"  and  that  "Mr.  Cooper 
carry  the  bill  to  the  Lords  and  desire  their  concurrence." 

The  subject  was  immediately  considered  in  the  House  of  Lords,  and 
an  early  day  was  assigned  for  final  action  upon  it.  Witnesses  were 
examined  on  the  15th  of  March.  Lord  Townsend  asked  Mr.  Jenkins 
"whether  the  Nantucket  fishermen,  after  their  business  was  interrupted 
by  the  operation  of  the  l)ill,  would  not  emigrate  to  Nova  Scotia?"  The 
Quaker,  in  his  plain  way,  answered  "No,"  as  he  had  done  when  ques- 
tioned in  the  Commons.  "Why  not?"  inquired  his  lordship.  "Be- 
cause," said  Jenkins,  "it  is  a  barren  country,  and  the  government, 
thev  think,  is  military."  From  these  and  similar  inquiries  made  of 
other  witnesses,  it  seems  quite  evident  that  the  lords  who  supported 
the  ministry  hoped,  with  their  political  friends  in  the  lower  house,  that 
the  fishermen  of  New  England  would  abandon  their  homes  rather  than 
suflfer  and  remain  idle.  \Vhile  they  elicited  nothing  to  encourage  the 
design  of  thus  increasing  the  fisheries  of  the  loyal  colony  to  which 
their  thoughts  were  direetcnl,  they  were  told  by  Mr.  Lystcr  and  Mr. 
Davis,  who  were  engaged  in  the  Newfoundland  fisliery,  that  the  fish 
hitherto  sent  to  foreign  markets  fiom  New  England  could  be  supplied 
by  themselves  and  others.  Among  the  other  persons  examined  were 
two  f()rmer  governors  of  Newfoundland,  Admiral  Shuldham  and  Sir 
Hugh  Palliser.  The  f<)rmer  spok(^  in  terms  ot"  contempt  and  disparage- 
ment of"  Massachusetts  and  the  other  northern  colonies;  and  the  latter, 
besides  indulging  in  similar  remarks,  expressed  the  opinion,  that  whether 
the  restraints  proposed  by  the  bill  were  temporary  or  perpetual,  they 
would  prove  advantageous  to  Great  Britain. 

On  the  IGth  of  March  the  bill  was  taken  up  as  the  order  of  the  day 
The  debate  upon  its  merits  and  consecjuences  was  long  and  animated. 
The  Manjuis  of"  Rockingham  opposed  it  as  op[)r(^ssive  and  tyrannical 
throughout,  and  said  that  he  dissented  from  every  syllable  of  its  con- 
tents. The  Earl  of  Carlisle  expressed  himself  surprised  at  tlie  senti- 
ments of  the  noble  marquis,  and  averied  ilmt  the  object  of"lhe  ministry 
was  merely  to  draw  America  to  her  duty  by  the  most  lenient  measures. 
Tlie  Duke  of  Manchester  spoke  of  the  l)ill  as  indisciiminati-ly  cruel,  as 
presaging  nothing  i)nt  evil,  and  as  bearing  the  marks  of  denpotism. 
Tile  Earl  ol"  Denbigh  defended  the  administration  Iiom  the  charges 
preferred  against  it,  and  called  upon  his  Grace  of  Manchester  to  ex- 
plain, which  he  did.  Viscount  Dudley  obsfTvcd  tiiat  when  *he  inter- 
lU 


146 

ests  of  the  mother  countiy — the  manning  of  her  navy,  the  increase  of 
her  seamen,  and  the  employment  of  her  own  people — came  in  compe- 
tition with  the  pretended  hardships  and  severities  of  the  bill,  he 
thought  it  should  not  only  meet  with  approbation,  but  be  made  per- 
petual, in  order  to  secure  for  her  so  important  a  branch  of  commerce; 
and  that  the  colonies  were  at  present  spared  by  the  lenity  and  mildness 
ef  the  government,  when  fire  and  sword  might  be  used  throughout  the 
whole  continent  of  America.  Lord  Camden  rose,  he  said,  with  reluc- 
tance. He  was  wearied  with  the  fruitless  efforts  he  had  made  in  oppo- 
sition to  the  measures  brought  forward  to  overawe  and  subdue  the 
colonies.  The  bill  then  before  them  was  one  of  war;  it  drew  the 
s^vord,  and,  as  a  necessary  consequence,  would  involve  the  empire  in 
a  civil  and  unnatural  contest.  Lord  Sandwich  declared  that  the  colo- 
nists were  raw,  undisciplined,  cowardly  men;  and  he  wished  that,  in- 
stead of  forty  or  fifty  thousand  of  these  hrave  fellows,  they  would  pro- 
duce in  the  held  at  least  two  hundred  thousand — the  more  the  better  ; 
the  easier  the  conquest :  if  they  did  not  run  away,  they  would  starve 
fiemselves  into  compliance  with  the  measures  of  the  a^dministration. 
The  Earl  of  Shelburne  coincided  with  the  views  expressed  by  Lord 
Camden ;  and  he  charged  upon  the  ministers  the  most  unscrupulous 
fraud  upon  Parliament  and  the  country  in  suppressing  whole  letters, 
and  in  giving  only  mutilated  extracts  from  others,  relating  to  affairs  in 
America.  The  Earl  of  Suffolk,  though  he  disapproved  of  the  msinua- 
tions  against  the  courage  of  the  Americans  made  by  Lord  Sandwich, 
and  though  he  believed  that  there  were  as  brave  men  among  them  as 
could  be  found  anywhere,  considered  that  the  bill  was  intended  to  co- 
erce the  people  of  New  England  to  submit  merely  to  the  just  and  legal 
power  of"  the  mother  countr}^  and  that  the  faith  of  Parliament  would 
be  pledged  to  them  to  restore  the  fishery  as  soon  as  it  should  appear 
that  they  had  returned  to  their  former  obedience.  The  Earl  of  Radnor 
said  that  he  was  going  out  of  the  House,  not  intending  to  vote  on  either 
Side,  when  he  heaixl  the  last  noble  earl  pledge  the  faith  of  Parlia- 
meiit  that  so  valuable  a  branch  of  British  commerce  was  intended  to 
be  given  up  to  the  New  Englanders  as  a  sacrifice  for  their  returning  to 
their  daty;  the  language  was  improper,  and  the  policy  exceptionable 
in  every  respect,  and  he  had  returned  to  give  his  voice  against  the  bill. 
The  Earl  of  Suffolk  explained,  but  did  not  satisfy  Lord  Radnor,  who 
repeated  his  determination  to  vote  in  opposition.  The  Duke  of  Grafton 
had  not  the  least  difficulty  as  to  the  vote  he  should  give.  The  bill,  in 
his  opinion,  was  founded  on  the  principle  of  retaliation  and  punishment 
for  an  outrage  as  daring  as  it  was  unprovoked,  still  further  heightened 
and  aggravated  by  a  resistance  to  all  lawful  authority,  and  almost  a 
positive  avowal  of"  a  total  independence  of  the  mother  countr3^  The 
Earl  of  Abington  entertained  sentiments  precisely  opposite.  Reason, 
justice,  conscience,  principle,  and  instinct,  all  prompted  him  to  pro- 
nounce the  bill  a  most  diabolic  one.  How  the  Right  Reverend  Bench 
reconciled  it  to  their  consciences,  he  was  unable  to  conceive:  for  his 
part,  he  put  his  trust  in  the  Almighty ;  and  though  he  knew  all  he  could 
say  would  avail  nothing  against  a  ministerial  majority,  yet  he  cautioned 
the  lords  to  beware  of  injustice,  since  the  judicial  visitations  of  Provi- 
dence generally  fell  heavy  on  the  heads  of  those  who  planned  iniquity. 


147 

The  final  question  was  taken  in  the  House  of  Lords  on  the  21st  of 
March,  when  the  bill  passed  by  a  decisive  majority.  The  peers  in 
minority — twenly-oue  in  number  only — entered  a  solemn  protest,  em- 
bodying the  objections  they  had  uttered  in  the  debates.  This  docu- 
ment is  one  of  the  most  earnest  and  eloquent  state  papers  on  record.  A 
single  passage  will  indicate  its  general  tone:  "Wc  dissent,"  said  these 
n()l)lemen,  "because  the  attempt  to  coerce,  by  fiimine,  the  wliole  bod}* 
of  the  inhabitants  of  great  and  populous  provinces,  is  without  example 
in  the  history  of  this  or,  perhaps,  of  any  civilized  nation,  and  is  one  of 
those  unhappy  inventions  to  which  Parliament  is  driven  by  the  diffi- 
culties which  daily  multiply  upon  us  from  an  obstinate  adherence  to  an 
unAvise  plan  of  government.  We  do  not  know  exactly  the  extent  of 
the  combination  against  our  commerce  in  New  England  and  the  other 
colonies;  but  we  do  know  the  extent  of  the  punishment  we  inflict  upon 
it,  which  is  univ^ersal,  and  includes  all  the  inhabitants:  among  these, 
many  are  admitted  to  be  innocent,  and  several  are  alleged  by  ministers 
to  be,  in  their  sense,  even  meritorious.  That  government  which  at- 
temi)ts  to  preserve  its  authority  by  destroying  the  trade  of  its  subjects, 
and  by  involving  the  innocent  and  guilty  in  a  common  ruin,  if  it  acts 
from  a  choice  of  such  means,  confesses  itself  unworth}'^ ;  if  from  inability 
to  find  any  other,  admits  itself  wholly  incompetent  to  the  ends  of  its 
institution."* 

Having  destroyed  the  fisheries  of  Ncav  England,  Lord  North,  on  the 
]  1th  of  April,  moved  that  the  House  of  Commons  do  resolve  itself  into 
a  committee  of  the  whole  house,  on  the  27th  instant,  to  consider  the 
encouragement  proper  to  be  given  to  the  fisheries  of  Great  Britain  and 
Ireland.  He  introduced  his  motion  with  disclaiming  any  motives  of 
resentment  against  America,  b}^  the  present  measure,  or  meaning  it 
eitlier  directh^  or  indirectly  to  oppress  that  country.  The  fisheries,  in 
his  judgment,  when  well  conducted  and  properly  dir(x-ted,  were  an  in- 
exhaustible fund  of  riches;  l()r,  while  the\'  extended  British  commerce 
and  kept  open  a  continual  advantageous  intercourse  with  foreign  na- 
tions, they  increased  the  naval  strength  of  the  kingdom,  and  were,  con- 
se([uently,  the  great  source  of  that  power  which  gave  it  the  pre-emi- 
nence over  all  other  nations  of  Europe.  Such  was  the  tenor  of  his 
remarks. 

On  the  day  proposed  by  his  lordship,  the  House  considered  the  sub- 
ject, in  the  manner  suggested.     A  bill  was  framed  which  granted  boun- 

*  Botta,  in  his  Iliston'  of  the  Revolution,  tliiis  speaks  of  this  measure:  "  The  niinisfry,"  he 
remarks,  "thus  t^iiided,  as  usual,  t)\  their  spirit  of  infatiialiun,  coiilided  their  cause,  not 
to  tlie  certain  operation  of  armies,  but  to  the  su])posed  iiicoiistaucy  and  partiality  of  ilie 
Ameri<'an  people.  L'j)on  such  a  foundation  Lord  North  j)roposed  a  new  hill,  tlie  object  of 
wbicli  was  to  resti'iet  the  comnierci'  of  IS'ew  Miifiland  to  (ireiit  IJritain,  Ireland,  and  Il:e  ^\'est 
luiliii  isliinds:  and  proliilul,  at  the  same  tinu-,  the  fishery  of  Newfoundland.  The  picjiidice 
that  must  liave  resullcMl  from  this  act  to  tlie  iiihal)itiini  s  nC  .New  I'ji<;laiul  may  be  calciilatod 
from  the  siiinh;  fact,  that  they  annually  employed  in  ihis  business  about  forty-si.\  thoii.-;uid  tous, 
and  six  tliousand  seamen;  and  the  produce  realised  tVom  it,  in  forei<^'n  markets,  amounled  to 
tliree  hundred  and  twenty  thousand  lanmds  stei'liii;;.  'ihis  hill,  however,  did  not  pass  without 
opposition  in  the  two  houses;  on  tin-  contrary,  tiic  del)aies  and  the  aKilatiiui  it  e.xcited  were 
vehement  in  iiotli.  Many  (d' tlie  members  exerted  all  tlieir  etforts  f^»  defeat  if;  and  more  than 
any  the  Muripiis  of  Kockiii({hani,  who  ]ireseuted  to  this  end  a  petition  of  the  Lon^Ion  lucr- 
chautH.  Tlur  bill  was,  however,  ajiiMoved  by  a  f,'reat  miijority.  The  oiipiisiuon  protefted;  (lie 
uiiiiisters  scurccl)'  Jtijjnt'd  lo  perceive  it,"  «!tc.,  «S:o. 


148 

ties  to  vessels  employed  in  the  cod  and  whale  fisheries,  repealed  the 
duty  payable  on  the  importation  of  seal-skins,  and  abolished  some  other 
restrictions,  particularly  in  Ireland;  passed  the  Commons  on  the  17th 
of  May,  and  the  Lords  five  days  afterwards.  That  this  act  was  de- 
vised in  consequence  of  the  suspension  and  ruin  of  the  New  England 
fisheries,  and  as  the  means  to  stimulate  English  merchants  and  fisher- 
men to  supply  the  domestic  and  foreign  markets,  cannot  be  doubted. 

To  retaliate  upon  the  ministry,  the  colonies,  by  their  congress  of  dele- 
gates, strictly  prohibited  the  supplying  of  British  vessels  coming  to  the 
American  coasts  to  engage  in  fishing,  with  any  kind  of  provisions  or 
outfits. 

I  have  said  that  the  object  ot  Lord  North's  bill  to  restrain  Massa- 
chusetts, New  Hampshire,  Connecticut  and  Rhode  Island,  from  car- 
rying on  any  fishery  on  the  Banks  of  Newfoundland,  and  other  places, 
was  to  "starve  them  into  submission."  The  sentiments  uttered  in 
Parliament,  and  the  facts  derived  from  other  sources,  show  this  too 
plainly  to  be  mistaken.  Nor  was  the  opinion  that  the  people  of  these 
colonies,  deprived  of  their  most  important  maritime  employment,  would 
yield  to  the  blow,  confined  to  British  statesmen.  Reference  to  the  letter 
of  Silas  Deane  to  the  "Secret  Committee  of  Congress,"  dated  at 
Paris,  in  July,  1776,  will  show  that  the  French  ministry,  of  whom  he 
solicited  aid,  in  his  public  capacity,  were  impressed  with  the  idea  that 
"submission"  was  not  an  improbable  result.  Mr.  Deane,  in  this  letter, 
details  at  some  length  the  occurrences  of  an  interview  with  Count  de 
Vergenhes,  the  Principal  Minister  of  State,  and  says,  in  the  course  of 
the  narrative:  "He  asked  me  many  questions  with  respect  to  the  colo- 
nies; but  what  he  seemed  most  to  want  to  he  assured  of,  wtis  their  a/jUitij  to 
subsist  without  their  Jisheries,  and  under  the  interruption  of  their  com- 
merce. To  this  I  replied,  that  the  fisheries  were  never  carried  on  but 
by  a  part  of  the  colonies,  and  by  them  not  so  much  as  a  means  of  sub- 
sistence as  of  commerce ;  that  the  fisheries  failing,  those  employed  in 
them  turned  part  to  agriculture  and  a  part  to  the  army  and  navy." 

Rejoicing  now  in  our  strength  and  prosperity,  we  can  afford  to  smile 
at  the  inhumanity  and  cool  contempt  manifested  in  Parliament  by  Jen- 
kinson  and  Dundas,  by  their  lordships  Dudley  and  Sandwich,  and  his 
Grace  of  Grafton.  And  since,  too,  the  untiring  labors  of  Mr.  Sparks 
have  explained  the  enigma  of  Lord  North's  course  on  American  affairs, 
we  may  qualify  our  reproaches  upon  his  memory.  *  The  oppressors 
and  the  oppressed  have  disappeared,  and  repose  in  the  grave ;  but  the 
warning  may  still  go  out  for  some  living  men  to  heed,  that  to  drive 
fishermen  from  the  ocean  is  an  outrage. 

■M^ . — 

*  The  "  Extracts  from  the  letters  of  George  the  Third  to  Lord  North,  selected  by  Lord 
Holland  from  the  manuscripts  of  Sir  James  Macintosh,"  which  are  to  be  found  in  the  Ap- 
pendix of  the  sixth  volume  of  Sparks's  Washington,  show  that  the  popular  opinion,  that  Lord 
Korth  was  the  author  of  the  war  and  its  constant  advocate,  is  wholly  erroneous. 


149 

THE  UNITED  STATES. 
From  (he  Declaration  of  hidcpendence  to  the  year  1S52» 

We  open  upon  n,  new  (Ta.  Every  fact  and  circumstance  known  to 
the  whiles  of  the  Revolution  iudicatcd  that,  at  the  close  of  the  contest, 
Enghmd  was  prepared  to  insist  that,  as  one  of  the  penalties  of  "rebel- 
lion," the  interdictions  o^  Lord  North's  bill  should  be  perpetual.  We 
had  fought  for,  had  won,  and  had  enjoyed  the  fishing  grounds  as  British 
subjects.  As  these  grounds  were  east  of  the  easterly  boundary  of  the 
thirteen  colonies,  and  within  the  possessions  acquired  of  France,  they 
were  not  of  necessity  connected  with  the  question  of  independence. 
Yet  many  of  the  prominent  whigs  of  New  England  considered  the  fish- 
eries so  intimately  connected  with  our  commercial  prosperity  and  suc- 
cess in  maritime  affiiirs,  as  to  determine  that  our  rights  should  be  dis- 
tinctly recognised  and  stipulated  in  the  treaty  of  peace. 

Though  finallv  successtul,  these  statesmen  were  doomed  to  encounter 
serious  obstacles;  for,  to  allow  that  their  suspicion  that  France  secretly 
gave  countenance  to  the  views  of  England  was  unfounded,  they  were 
still  opposed  by  the  representations  and  inliuence  of  the  leading  loyal- 
ists, or  "toj-ies,"  who,  during  the  war,  fled  to  the  mother  country;  and 
were  compelled,  besides,  to  meet  the  arguments  of  the  whigs  of  the 
South,  who  having  no  particular  knowledge  of,  or  interest  in,  the  sub- 
ject, werenev^er  able  to  understand  the  importance  attached  to  it. 

Having  stated,  in  another  connexion,  that  a  plan  was  submitted  to 
the  French  ccurt,  previous  to  the  treaty  of  alliance  of  1778,  to  conquer 
Newfoundland,  Canada,  and  Nova  Scotia,  with  the  design  of  dividing 
these  colonies  between  France  and  the  United  States,  and  thus,  as  the 
projectors  considered,  to  ruin  the  British  fisheries,  and,  of  direct  conse- 
quence, the  British  marine,  and  that  the  measure  was  submitted  to 
Washington,  was  disapproved  by  him,  and  finally  abandoned,  we  pass 
tx)  notice  the  course  of  Congress,  and  of  their  ministers  abrond,  subse- 
qucntlv,  and  to  the  conclusion  of  the  treaty  with  Great  Britain  in  17S-3, 
by  wliich  our  independence  was  secured  and  acknowledged. 

Whoever  exammes  the  records  of  Congress  will  find  that  between 
February  and  August,  1779,  the  various  questions  connected  with  the 
fislieries  were  matters  of  the  most  earnest  and  continu(xl  debates,  and 
of  the  most  anxious  solicitude.  During  the  discussions  upon  a.  prop- 
osition to  op(ni  a  negotiation  for  peace,  Mr.  (Jerrv  introduced  the  fol- 
lowing resolutions.  i-"irsi :  "'JMiat  it  is  cssi  ntial  to  iIk;  wcHiire  of  these 
United  States  that  the  inhabitants  thereof,  at  the  ex[)iration  of  the  war, 
shfmld  continue  to  enjoy  the  free  and  undisturbed  exercise  of  their  com- 
nKM)  right  to  fish  on  the  Banks  of  Newfoinulland,  and  the  other  fishing 
banks  and  seas  of  Norlh  America,  preserving  inviolate  the  tn^aties 
bet\\'een  France  and  the  said  States."  Second:  "That  an  (explana- 
tory article  be  prepared  and  sent  to  our  minister  plenipotentiary  at  the 
court  of  Versailles,  to  be  by  him  presented  to  his  Most  Christian  Majesty, 
whereby  th(^  said  common  right  to  the  fisheries  shall  be  more  explicitly 
guarantied  to  the  inhabitants  of  these  States  tlian  it  already  is  by  the 
treaties  aforesaid."     Third:  "That  in  the  treaty  of  peace  with  Creut 


150 

Britain,  a  stipulation  be  made  on  their  part  not  to  disturb  the  inhab- 
itants of  these  States  in  the  free  exercise  of  their  common  right  to  the 
fisheries  aforesaid,  and  that  a  reciprocal  engagement  be  made  on  the 
part  of  the  United  States."  Fourth :  "  That  the  faith  of  Congress  be 
pledged  to  the  several  States,  that,  without  their  unanimous  consent, 
no  treaty  of  commerce  shall  be  formed  with  Great  Britain  previous  to 
such  stipulation."  Fifth:  "That  if  the  explanatory  article  should  not 
be  ratified  by  his  Most  Christian  Majesty,  nor  the  stipulation  aforesaid 
be  adopted  by  Great  Britain,  the  minister  conducting  ihe  business  shall 
give  notice  thereof  to  Congress,  and  not  sign  any  treaty  oi"  peace  until 
their  pleasure  be  known.  " 

The  opposition  to  these  resolutions  was  determined  and  violent  in 
the  extreme.  Those  who  enlisted  against  them  insisted  that  it  was 
unreasonable  and  absurd  to  ask  or  expect  that  a  war  commenced  for 
fi-eedom,  should  be  continued  for  the  humble  privilege  of  catching  fish. 
Mr.  Gerr}^  who  had  grown  up  among  the  fishermen  of  Massachusetts, 
replied:  "It  is  not  so  much  fishing,"  said  he,  "as  enterprise,  industry, 
employment.  It  is  not  fish  merely  which  gentlemen  sneer  at;  it  is 
gold,  the  produce  of  that  avocation.  It  is  the  employment  of  those 
who  would  otherwise  be  idle,  the  food  of  those  wdio  would  otherwise 
be  hungry,  the  wealth  of  those  who  would  otherwise  be  poor,  that 
depend  on  your  putting  these  resolutions  into  the  instructions  of  your 
minister." 

'ihe  majority  of  Congress  sustained  Mr. Gerry's  propositions,  in  fifteen 
divisions  on  calls  of  the  ayes  and  noes,  and  rejected  numerous  amend- 
ments offered  to  modify  them;  but  consented,  finally,  to  the  adoption 
of  the  single  declaration,  that  "although  it  is  of  the  utmost  importance 
to  the  peace  and  commerce  of  the  United  States  that  Canada  and  Nova 
Scotia  should  be  ceded,  and  more  particularly  that  their  equal  common 
right  to  the  fisheries  should  be  guarantied  to  them,  yet,  a  desire  of 
terminating  the  war  has  induced  us  not  to  make  the  acquisition  of  these 
objects  an  ultimatum  on  the  present  occasion." 

This  declaration  appears  to  have  been  the  result  of  concession  and 
compromise;  since  Mr.  Adams  was  instructed,  in  September,  1779, 
first,  "that  the  common  right  of  fishing  should  in  no  case  be  given 
up;"  second,  "that  it  is  essential  to  the  welfare  of  all  these  United 
States  that  the  inhabitants  thereof,  at  the  expiration  of  the  war,  should 
continue  to  enjoy  the  free  and  undisturbed  exercise  of  their  common 
right  to  fish  on  the  Banks  of  Newfoundland,  and  all  the  other  fishing- 
banks  and  seas  of  North  America,  preserving  inviolate  the  treaties  be- 
tween France  and  the  said  States;"  third,  "that  our  faith  be  pledged 
to  the  several  States  that  without  their  unanimous  consent  no  treaty  of 
commerce  shall  be  entered  into,  nor  any  trade  or  commerce  whatever 
carried  on  wdth  Great  Britain,  without  the  explicit  stipulation  hereinaf- 
ter mentioned.  You  are,  therefore,  not  to  consent  to  any  treaty  of 
commerce  with  Great  Britain  without  an  explicit  stipulation,  on  her 
part,  not  to  molest  or  disturb  the  inhabitants  of  the  United  States  of 
America  in  taking  fish  on  the  Banks  of  Newfoundland,  and  other  fish- 
eries in  the  American  seas,  anywhere,  except  within  the  distance  of 
three  leagues  of  the  shores  of  the  territories  remaining  to  Great  Britain 
at  the  close  of  the  war,  if  a  nearer  distance  cannot  be  obtamed  by  ne- 


151 

gotlatinn.  And  in  the  npfrntiatioii  you  nre  to  cxort  yonr  most  strenuous 
endeavors  to  obtain  a  nearer  distance  in  the  (Julf  of  !*^t.  Lawrence, 
and  particularly  aloiiu:  (he  shores  of  Nova  Scotia;  as  to  which  hitter, 
we  are  desirous  that  even  the  shores  may  t)e  occasionally  used  tor  the 
purpose  of  carrying  on  the  fisheries  by  the  inhabitants  of"  these  States." 
These  instructions — t<>diously  minute  and  cncumliered  with  repeti- 
tions— embod}',  as  will  i)e  seen,  the  substance  of  Mr.  Gerry's  resolu- 
tions, with  this  essential  dill'crence — that  the  right  to  visit  and  freely 
use  the  fishing  grounds  wtis  to  be  made  an  ullimatum  to  a  treaty  of 
commerce  instead  of  a  treaty  of  peace.  Strangely  enough,  these  in- 
structions were  revoked  by  Congress  in  July,  1781,  though  adopted 
after  mature  deliberation  and  in  the  spirit  of  concession.  Whatever 
the  motive  of  Congi-ess,  it  was  not  communicated  to  Mr.  Adams  by 
that  body,  or  by  the  Committee  on  Foreign  Affairs,  or  by  any  individual 
member.  Of  this  he  complains  with  some  asperity.  In  a  letter  to 
Robert  R.  Livingston  he  states  the  fict  just  mentioned,  and  remarks, 
that  whether  the  act  of  neglect  "was  intended  as  a  punishment  to  me, 
or  with  a  charitable  design  not  to  lead  me  into  temptation;  whether  it 
was  intended  as  a  punishment  to  the  English  for  their  insolence  and 
barbarity;  whether  it  was  intended  to  prevent  or  remove  suspicions  of 
allies,  or  theenvij  avd  srexn  jealousy  of  co-jwtriofs,  I  know  not."  That, 
then,  we  finally  secured  the  rights  in  question,  was  owing  to  the  zeal 
of  Mr.  x\dams  and  his  associate  commissioners,  and  not  to  the  firmness 
or  good  faith  of  Congress. 

Meantime,  a  number  of  pamphlets,  written  by  loyalists  of  distinction 
and  devoted  to  American  affairs,  were  pubhshed  in  London.  In  one 
of  these  it  is  said  that  "with  the  independence  of  America"  Great 
Britciin  "must  give  up  her  fisheries  on  the  Bank  of  Newfoundland,  and 
in  the  American  seas,"  and  "thirty-five  tliousand  American  seamen, 
with  twenty-eight  thousand  more,  bred  and  maintained  in  these  ex- 
cellent nurseries;"  that,  furthermore,  "the  valuable  trade  carried  on 
from  thence  with  the  Catholic  States  will  be  in  the  hands  of  America;" 
that  "these  nurseries  and  this  trade  will  ever  remain  the  natural  right 
of  the  people  who  inhabit  thai  country;"  and  that  "a  trade  so  profit- 
able, and  a  nursery  of  seamen  so  excellent  and  so  necessary  for  the 
support  of  her  naval  force,  will  never  be  given  up,  or  divided  by 
America  with  any  power  whatsoever."  Meantime,  loo,  the  cele- 
brated Dean  of  Gloucester  submitted  proposals  "  to  the  English, 
Americans,  French,  and  Spaniards,  now  at  war,"  on  the  subjivt  of 
their  difh-rences,  suggesting,  u[)on  the  subject  beflire  us,  that  "(ireat 
Britain  shall  retain  Nevvflmndland,  with  the  desert  coasts  of  Labrador;^ 
also  Canada,  Nova  Scotia,  and  the  country  bordering  oji  the  Bay  of 
Fundy,"  westerly,  "as  i'ur  as  the  bay  and  river  of  Penobscot." 

Mr.  Adinnsw^as  ap})ointed  sole  eommissidiK  r  to  negotiate  with  Great 
Britain,  and  ciiicrcd  ;il(im'  upon  ihc  arduous  (hities  intrusted  1"  hiui, 
Messrs.  Franklin,  .);iv,  mid  Liiuiciis  were,  howcxcr,  subsc(|ucii!ly  dc.-ig- 
nated  joint  comuiissioiiiTs,  and  in  dm'  t  nin'  jniiicd  liini  in  l''raMci-.  hi 
1782,  a.  letter  of  I'.arbe  de  Miirlxiis,  ihc  French  ehargt'  (r;ill;iires  in  the 
United  States,  addressed  to  Coiuit  de  N'ergennes,  the  l'rinii|);d  Minister 
of  State,  was  intrrceplrd.  'J'hr  contculs  of  this  letter  caused  great 
uJicasiness.     Marbois  represented  that  Samuel  Adams  was  stirring  up 


152 

the  people  of  Massacliusetts  to  consent  to  no  treaty  of  peace  which  did 
not  guaranty  to  them  the  right  of  ree  fishing  upon  their  ancient  fishing 
grounds;  that  the  reigning  toast  among  these  people  was,  "May  ihe 
United  States  (^cr  maintam  their  rights  to  the  Jisherics  f  that  the  pubhc 
prints  in  Massachusetts  discussed  the  importance  of  adhering  to  the 
sentiment;  and  that  the  general  court  of  that  State,  in  the  course  of 
their  deliberations,  gave  frequent  utterance  to  the  popular  voice.  These 
representations  were  substantially  true,  and  Marbois  committed  no  wrong 
in  communicating  them  to  his  court.  But  he  did  not  stop  here,  for  he 
suggested  means  to  defeat  the  expectations  of  the  eastern  States;  to  dis- 
appoint "Samuel  Adams  and  his  party,"  and  to  secure  the  fisheries  to  his 
own  country.  This  communication  was  dated  at  Philadelphia  in  March, 
and  in  September  following  was  in  the  hands  of  the  American  commis- 
sioners at  Paris. 

Mr.  Jay  expressed  the  opinion  that  M.  de  Marbois  disclosed  the  real 
wishes  of  his  government  upon  the  subject  of  the  fisheries ;  and  Mr.  Madi- 
son remarks,  that  upon  receipt  of  letters  fi'om  Franklin  and  others,  there 
was  "much  indignation  against  tlie  author  of  the  intercepted"  despatch, 
"and  visible  emotions  in  some  against  France."  ]Mr.  Adams  wrote  to 
Robert R.  Livingston,  from  Paris,  November  S,  1782,  that,  "If  Congress 
or  their  ministers  abroad  suffer  themselves  to  be  intimidated  by  threats, 
slanders,  or  insinuations,  we  shall  be  duped  out  of  the  fishery,  the  Mis- 
sissippi, much  of  the  western  lands,  compensation  to  the  tories,  and 
Penobscot  at  least,  if  not  Kennebec.  This,"  he  adds,  "is  my  solemn 
opinion,  and  I  will  not  be  answerable  to  my  country,  posterity,  or  my 
own  mind,  for  the  consequences  that  might  happen  from  concealing  it." 

The  suspicion  that  France  was  secretly  promoting  the  views  of  Eng- 
land increased  as  the  negotiation  progressed.  "We  knew,"  said  Mr. 
Adams,  that  the  French  ministry  "were  often  insinuating  to  the  British 
ministers  things  against  us,  respecting  the  fisheries,  tories,  &c.,  during 
the  negotiation,  and  Mr.  Filzherbert*  told  me  that  the  Count  de  Ver- 
gennes  had  'fifty  times  reproached  him  for  ceding  the  fisheries,  and 
said  it  was  ruining  the  English  and  French  commerce  both.'  "  Again, 
he  records  in  his  journal  that  Mr.  Jay  had  informed  him  "that  our  allies 
did  not  play  fair.  They  were  endeavoring  to  deprive  us  of  the  fishery, 
the  western  lands,  and  the  navigation  of  the  Mississippi.  They  would 
even  bargain  with  the  English  to  deprive  2is  of  the^yiy 

Mr.  Jay  himself  relates  that  he  "dined  with  Dr.  Franklin,  and  found 
Mr.  Rayneval  there."  *  *  *  Raj'neval  "asked  what  we  expected  as 
to  the  fisheries  ?  We  said,  the  same  right  we  had  formerly  enjoyed. 
He  contested  the  propriety  of  tne  demand,  adding  some  striciuns  on  the 
ambition  and  restlessness  of  Mr.  Adams,  and  intimated  that  we  might  be 
contented  with  the  coast  fishery.  This  coincidence  between  the  lan- 
guage of  the  confidential  secretar}'^  of  Count  Vergennes,"  continues  Mr. 
Jay,  "and  that  of  the  French  charge  d'affaires  at  Philadelphia,  (M.  de 
Marbois,)  in  relation  to  the  fisheries  and  the  conduct  of  Samuel  Adams, 
is  of  itself  a  strong  evidence  of  the  real  views  of  the  French  cabinet." 

The  American  commissioners  were  probably  mistaken.  Whatever 
their  impressions  relative  to  the  course  of  the  French  court,  evidence  in 

*Oae  of  the  British  commissiouers. 


153 

the  public  archives  is  wanting  to  show  that  De  M;irbois  "disclosed  the 
real  wishes  of  his  government ;"  that  Mr.  Fitzherbert  was  jusliiied  in 
his  (leclnr;ilions  lo  ^fr.  Achinis;  or  that  M.  Raynevnl  uttered  tlie  senti- 
ments ot"  liis  ])rincipal.  Yet  our  commissioners,  embarrassed  on  every 
h;md,  were  driven  to  the  expedient  of  disobeying  the  directions  of  Con- 
gress, as  to  concluding  peace  without  the  consent  of  their  ally,  and  of 
])roceeding  upon  their  own  responsibility.  The  relative  merits  of  these 
distinguished  men,  in  securing  the  rights  in  question,  has  been  a  matter 
ot"  some  discussion;  and  P'ranklin  has  been  charged  openly  and  fre- 
quently with  criminal  lukewarniness.  Mr.  Jay,  expressly  and  by  letter, 
relieves  the  philosopher  from  this  imputation,  and  commends  his  zeal; 
and  I  am  satisfied  that  wlioever  examines  the  facts  of  the  case  will  find 
no  ground  for  the  accusation.  All  did  their  duty,  and  the  whole  of  it. 
And  yet,  upon  Mr.  Adams,  as  a  resident  of  Massachusetts,  and  as  better 
acquainted  with  the  importance  of  the  fisheries  than  his  associates,  the 
principal  labor  of"  m(M>ting  the  British  arguments  appears  to  have  de- 
volved. 1  can  in  truth  imagine  no  bolder  line  of  conduct  than  he 
adopted;  and  to  condense  his  principal  observations,  as  preserved  by 
himself  in  his  journal,  will  be  sulhcient  to  show  the  dilHculties  that 
were  actually  overcome  during  the  negotiations. 

In  noting  a  conference  with  the  British  commissioners,  he  says  that 
"the  affair  of  the  fishery  was  somewhat  altered.  They  could  not 
admit  us  to  dry  on  the  shores  of  Nova  Scotia,  nor  to  fish  within  three 
leagues  of  the  coast  of  Cape  Breton.  I  could  not  help  observing  that 
these  ideas  appeared  to  me  to  come  j)'iinn(r-hot  from  VenaUlesy 

On  another  occasion,  and  when  a  "whole  day  had  been  spent  in  dis- 
cussions about  the  fishery  and  the  tories,"  and  in  reply  to  a  proposition 
from  the  opposing  mission,  to  leave  out  of  the  ti'eaty  the  word  "/-/gA?," 
and  insert,  instead  thereof,  the  term  " /i^e/V?/,"  he  rose,  and  in  the  direct 
and  vehen:ent  manner  which  characterized  him  through  life,  thus  spoke: 
"  (Gentlemen,  is  there,  or  c;au  there  be,  a. clearer  r/g///  /  In  i()rmer  treaties, 
that  of  Utr(x-lit  and  thatof  i*aris,  France  and  Fnglandiiave  claimed  the 
right,  and  used  the  icord.  When  God  Almighty  made  the  Banks  of  iSew- 
foimdland  at  tliree  hundred  leagues  distance  from  the  people  of  America, 
and  six  hundred  leagues  from  those  of  France  and  England,  did  he  not 
give  as  good  a  right  to  the  former  as  to  the  latter"?  If  Heaven  in  the  crea- 
tion gave  a  rights  it  is  ours  at  least  as  much  as  yours.  If"occupati()n,  use, 
and  possession  give  a  right,  we  have  it  as  clearly  as  you.  Jj'ivar,  and  blood, 
and  treasure,  give  a  right,  ours  is  as  good  as  yours.  fFe,"  continued  he,  in 
the  same  eloquent  strain,  ^^hare  constaiithj  brcnfgliting  in  Canada,  Cape 
lirctnn,  and  Sora  Sa)tia,for  tite  defence  of  (his Jisheri/,  and  hare  expended, 
1)1  ijtind all  jirojiortion,  nuire  than  i/on.  II,  then,  the  right  cannot  be  denied, 
why  should  it  not  b(!  acknowledged  and  ])iU,  out  of  dispute?  ^^  hy 
should  we  leave  room  for  illiterate  fishermen  to  \\iaiiL;le  and  eliieaneV" 

Mr.  Fitzherbert,  a.  memi)er  of  the  Briii-li  eouiinission,  conti'ssed  that 
flKi  reasons  of  Mr.  Adams  were  good,  "The  arnimient,"  said  he,  "is 
in  3^f)ur  fiivor;  but  Oswald's  instructions  are  such,  that  1  do  not  see 
how  he  can  agrei^  with  us."  Nor  was  there  an  agreement,  until  Mr. 
Adams  pushed  the  "argument"'  to  the  point  of  an  ultinidt/nn.  Finding 
that  if  the  treaty  contaiiuHl  an^i  pi-o\i<ioii  on  tlu;  subject,  it  must  Ix;  in 
the  lorm  presented  by  our  commission,  the  British  mission  endeavored 


154 

to  waive  the  point  nllogether  in  the  provisional,  and  leave  the  question 
to  be  adjusted  in  the  definitive  treaty  that  was  to  tr)llow.  To  this  Mr. 
Adams  would  not  listen.  He  stood  on  ground  from  which  he  could 
not  be  driven  by  any  device  or  evasion  oi"  diplomacy ;  and  he  emphati- 
cally declared,  "  I  will  never  put  my  hand  to  any  articles  without  satis- 
faction about  the  fishery."  "When  Congress,"  he  added,  "three  or 
four  years  ago,  did  me  the  honor  to  give  me  a  commission  to  make  a 
treaty  of  commerce  with  Great  Britain,  they  gave  me  positive  instruc- 
tions not  to  make  such  a  treaty  without  an  article  acknowledging  our 
right  to  the  fishery;  and  I  am  happy  that  Mr.  Laurens  is  now  present, 
who,  I  believe,  was  in  Congress  at  the  time,  and  must  remember  it." 
Mr.  Laurens  confirmed  the  statement;  and  Mr.  Jay  followed  widi  the 
remark,  that  "it  could  not  be  a  peace — it  would  only  be  an  insidious 
ti-uce,"  without  the  stipulations  contended  for;  and  thus  the  riglit.,  so 
courageously  maintained,  was  acknowledged  in  the  thu"d  article  of  the 
treaty,  and  in  the  following  terms: 

"It  is  agreed  tliat  the  people  of  the  United  States  shall  continue  to 
enjo}^,  unmolested,  the  right  to  take  fish  of  every  kind  on  the  Grand 
Bank,  and  on  all  the  other  banks  of  Newfoundland;  also,  in  the  Gulf 
of  St.  Lawrence,  and  at  all  other  places  in  the  sea  where  the  inhabit- 
ants of  both  countries  used  at  any  time  heretofore  to  fish ;  and  also, 
that  the  inhabitants  of  the  United  States  shall  have  liberty  to  take  fish  of 
every  kind  on  such  part  of  the  coast  of  Newfoundland  as  British  fisher- 
men shall  use,  (but  not  to  dry  or  cure  the  same  on  that  island,)  and  also 
on  the  coasts,  bays,  and  creeks,  of  all  other  of  his  Britannic  Majesty's 
dominions  in  America  ;  and  that  the  American  fishermen  shall  have 
liberty  to  dry  and  cure  fish  in  any  of  the  unsettled  bays,  harbors,  and 
creeks  of  Nova  Scotia,  Magdalen  islands,  and  Labrador,  so  long  as  the 
same  shall  remain  unsettled;  but  so  soon  as  the  same,  or  either  of 
them,  shall  be  settled,  it  shall  not  be  lawful  for  the  said  fishermen  to 
dry  or  cure  fish  at  such  settlement,  without  a  previous  agreement  lor 
that  purpose  with  the  inhabitants,  proprietors,  or  possessors  of  the 
ground." 

The  privileges  thus  conceded  were  ample;  since,  with  regard  to 
catching  fish,  all  were  continued  to  us  that  we  could  or  should  have  en- 
joyed had  we  remained  colonists;  while,  in  drying  and  curing  we  were 
not  injuriously  restricted. 

It  has  been  remarked  that  the  American  commissioners  were  in- 
structed to  conclude  no  treaty  with  Great  Britain  without  the  concur- 
rence of  France,  and  that  they  disobeyed  the  injunction.  Such,  indeed, 
is  the  fact.  Mr.  Adams,  communicating  ofiicialiy  with  Mr.  Livingston, 
says  that  obedience  "would  have  infallibly  prevented  the  whole 
peace."  The  Count  de  Vergennes  complained  of  the  course  of  the 
mission  in  words  which  show  deep  sensibility.  "I  am  at  a  loss,  sir," 
he  wrote  to  Franklin,  "to  explain  your  conduct,  and  that  of  your  col- 
leagues, on  this  occasion.  You  have  concluded  your  preliminary 
articles  without  any  communication  between  us,  although  the  instruc- 
tions from  Congress  prescribe  that  nothing  shall  be  done  without  the 
participation  of  the  King.  You  are  about  to  hold  out  a  certain  hope 
of  peace  to  America,  without  even  informing  yourself  on  the  state  of 
the  negotiation  on  our  part.     You  are  wise  and  discreet,  sir;  3^ou  per- 


f    m  f 

loo 

foclly  underslnnd  wlmt  is  due  to  propriety;  you  have  all  ^-our  life  por- 
fori!  ed  your  dutios.  I  pray  you  to  consider  how  3'ou  propose  to  fulfil 
thc>so  which  arc  due  to  the  Kin,<2:." 

The  policy  ofEnglnnd  towards  the  people  "who  assumed  an  inde- 
pendency which  separated  them  from  her  sovereignly"  was  soon  devel- 
oped. An  order  in  council  was  promulgated  by  proclamation  in  July, 
1783,  prohibiting  American  fish  from  being  carried  to  the  British  West 
Indies.  This  order  was  regarded  as  the  result  of  loyalist  or  "tory" 
iiilluence.  It  was  probably  so,  and  was  not  only  aimed  at  our  fish- 
eries, but  intended  to  encourage  those  of  Nova  Scotia  and  other  British 
possessions  north  and  east  of  the  United  States.  An  extensive  trade 
was  thus  destroyed.  While  colonies,  the  New  England  States  had 
bart(n-ed  their  "West  India,  fish"  for  sugar,  rum,  and  molasses,  w^ith 
the  planters  of  the  British  islands,  with  pr(,)fit  to  all  parties.  Congress 
declared  that  retaliatory  measures  were  necessary,  in  order  that  Amer- 
ican commerce  should  not  pass  into  the  hands  of  foreigners ;  and  asked 
to  be  invested  with  powers  from  the  States  to  provide  lor  the  exigency. 
But  no  adequate  authority  was  or  could  be  conferred  upon  the  confed- 
eracy. The  restrictive  policy  thus  commenced  was  long  continued; 
nor  was  the  vexed  question  of  our  commercial  relations  with  the  pos- 
sessions of  England  in  this  hemisphere  adjusted  for  nearly  half  a  cen- 
tury. 

We  pass  to  notice  the  proceedings  of  the  convention  that  framed  the 
constitution  of  the  United  States.  Those  relating  to  our  subject,  though 
transmitted  in  mere  allusions,  are  still  significant  and  important. 

Thus  upon  the  proposition  that  "no  treaty  shall  be  madc>  without  the 
consent  of  two-thirds  of  the  members  present,"  and  upon  Mr.  Madison's 
suggestion  to  "  except  treaties  of  peace,"  Mr.  Gerry  was  of  the  opinion 
that  in  such  treaties  a  greater,  rather  than  a  less,  proportion  of  votes 
should  be  required,  for  the  reason  that,  in  terminating  hostilities,  our 
^'^(harest  ififcrests  icill  he  at  sidle,  as  the ji slier ics,  territories,''''  ^'c.  So,  too, 
Mr.  Gouverneur  Morris*  expressed  the  sentiment  that  "  if  two-thirds  of 
the  Senate  should  be  required  for  peace,  the  legislature  will  be  unwill- 
ing to  make  one  for  that  reason,  on  account  of  the  fisheries  or  the  Missis- 
sippi— the  tivo  great  objects  of  the  Union.''^ 

The  records  of  the  discussions  in  the  conventions  of  the  different 
States  for  the  adoption  or  rejection  of  the  constitution  are  less  frag- 
mentary. In  that  of  South  Carolina,  Charles  Cotesworlh  Pinckney,  in 
reply  to  some  ill-natured  remarks  against  New  England,  generously  s  id 
that,  in  the  Rtnolutioii,  "the  eastern  States  had  lost  everything  but  their 
country  and  freedom  ;"  that  "it  was  notorious  that  some  ports  at  the 
eastward  which  used  to  lit  out  one  hundred  and  fifty  sail  of"  vessels  do 
not  now  fit  out  thirty;  that  their  trade  of  sliip-bnilding,  which  used  to 
be  very  considerable,  was  now  annihilated  ;  iliat  their  fisheries  were 
trifling,  and  their  mariners  in  want  of  bread  ;"  and  that  the  South  were 


*  linn.  fioiivcmcurMorriHw.iH  n  son  of  LewiM  Mnrris.  onoof  tli<'  siijncrs  of  rtio  Pcclnration  of 
In(l<'i)i'n(li'iiro.  He  WAS  a  iiK'intjiT  ot"  tlif  (JontiiH'iital  ("ongrcss,  imd  iif  llir  convention  wliicli 
fi-iinicd  flic  coiisiiiuiion  of'ilic  rnircd  .Stiitcs.  In  Wjishiiiijron's  iidniiiiistriirion  ln'  was  minister 
to  France.  Ilcdit-d  at  Morrisauia,  Nuw  York,  iu  J^^Ki,  a;;cd(31.  lie  possessed  the  conlideuco 
of  \Vasliiii<,'tou. 


156 

"  called  upon  by  every  tie  of  justice,  friendship,  and  humanity,  to  relieve 
their  distresses." 

In  the  convention  of  Virginia  Mr.  Grayson  affirmed  that  "  if.  is  well 
hi02v?i  that  the  Ncufoundland  fisheries  and  the  Mississippi  are  balances  for 
one  another;  that  the  possession  of  one  tends  to  the  preservation  of  the 
other.  This,"  he  continued,  "  accounts  for  the  eastern  policy.  They 
thought  that  if  the  Mississippi  was  given  up,  the  southern  States  would 
give  up  the  right  of  the  fisher}^  on  which  their  very  existence  depends. 
It  is  not  extraordinary,  therefore,  while  these  great  rights  of  the  fishery 
depend  on  such  a  variety  of  circumstances — the  issue  of  the  war,  the 
success  of  negotiation,  and  numerous  other  causes — that  ney  should 
wish  to  preserve  this  great  counterbalance."  Patrick  Henry,  in  dis- 
senting from  these  views,  and  in  reply,  exclaimed:  "But,  said  the 
honorable  gentleman,  the  eastern  States  will  wish  to  secure  their  fish- 
ery, and  will  therefore  favor  the  right  to  the  Mississippi.  How  does 
he  draw  the  inference?  Is  it  possible  that  they  can  act  on  that  princi- 
ple ?  The  principle  that  led  the  southern  States  to  admit  'if  the  cession 
was,  to  avoid  the  most  dreadful  perils  of  war.  But  their  difficulties  are 
now  ended  by  peace.  Is  there  anything  like  this  that  can  influence 
the  minds  of  the  people  of  the  North  ?  Since  the  peace,  those  States 
have  discovered  a  determined  resolution  to  give  awa}^  the  Mississippi, 
to  discourage  emigration  thither." 

In  the  convention  of  Massachusetts,  one  member  observed,  that 
as  the  different  members  of  the  confederacy  regulated  their  commerce 
at  pleasure,  and  did  not  even  protect  the  coasting  trade  of  the  country, 
"a  vessel  from  Rosaway  or  Halifax  found  as  hearty  a  welcome,  with 
its  fish  and  whalebone,  at  the  southern  ports,  as  though  it  was  built, 
navigated,  and  freighted  from  Salem  or  Boston;"  and  that  "this  would 
continue  to  be  the  case,  unless  a  more  perfect  union  of  the  States  was 
formed:"  while  a  second  member  remarked,  that  abroad  we  were  held 
in  contempt,  for  since  the  war  we  had  been  engaged  in  "  commerce 
with  six  different  nations  of  the  globe,  and  if  he  might  believe  good, 
honest,  credible  men,"  our  position  with  them  was  like  that  of  "a  well- 
behaved  negro  in  a  gentleman's  family." 

The  sentiments  thus  uttered — north  and  south — indicate,  the  feelings 
of  eminent  statesmen  of  the  time,  as  well  as  reveal  to  us  some  of  the 
arguments  in  fiivor  of  the  adoption  of  the  constitution;  and  serve,  more- 
over, to  show  that  the  branch  of  industry  at  present  so  fallen  in  public 
estimation  was  continually  referred  to  by  our  fathers  in  connexion 
with,  and  as  equivalent  to,  "the  Mississippi,"  or  the  western  country. 

Pursuing  our  inquiries  in  chronological  order,  we  are  led  now  to  cite 
the  opinions  of  the  founders  of  the  present  national  government,  as  pre- 
served in  the  debates  in  the  1st  Congress.  Our  quotations  must  be 
confined  to  the  discussions  which  occurred  during  the  first  session,  and 
upon  the  bill  to  levy  "duties  on  imports."  The  pure  and  highly  gifted 
Fisher  Ames  thus  spoke :  * 

*  The  Hon.  Fisher  Ames  was  born  in  Dedham,  Massachusetts,  in  1758,  and  was  educated  at 
Harvard  University.  In  the  Revolution  he  was  a  zealous  whig.  He  was  a  member  of  the 
convention  of  Massachusetts  which  considered  and  adopted  the  constitution  of  the  United 
States,  and  was  elected  the  first  representative  to  Congress  from  Boston.  He  occupied  a 
seat  in  the  House  for  eight  years,  and  was  a  principal  speaker  in  the  debates  on  every  import- 


157 

"  We  exchange  for  molasses  those  fish  that  it  is  impossible  to  dispose 
of  anywhere  else;  we  have  no  market  within  our  reach  but  the  islands 
from  whence  we  get  molnsses  in  return,  which  again  we  manufacture  into 
rum.  It  is  scarcely  possible  to  maint;iin  our  fisheries  with  advantage, 
if  the  commerce  for  summer  fish  is  injured,  which  I  conceive  it  would 
be  very  materially,  if  a  liigh  duty  is  impos(>d  upon  this  article;  nay,  it 
would  carry  devastation  throughout  all  the  New  England  States:  it 
^vould  ultimately  affect  all  throughout  the  Union.  *  *  *  "p^e 
taking  of  fish  on  the  Banks  is  a  very  momentous  concern ;  it  forms  a 
nursery  for  seamen,  and  this  will  be  the  source  from  which  we  are  to 
derive  maritime  importance.  It  is  the  policy  of  some  nations  to  drive 
us  from  this  prolific  source  of  wealth  and  strength;  but  what  their  de- 
testable efforts  have  in  vain  endeavored  to  do,  you  will  accomplish  by 
a  high  duty  on  this  article." 

Again  he  said :  "  /  conceive,  sir,  that  the  present  constitution  was  dictated 
by  commercial  necessity/  more  than  any  other  cause.  The  icant  of  a.n  evident 
government  to  secure  the  majii/factuting  interests,  and  to  advance  our  com- 
merce, was  lono;  seen  by  men  of  judgment,  a7ul  jjointed  out  by  patriots  solici- 
tous to  promote  'the  general  welfare.  If  the  duty  which  we  contend 
against  is  found  to  defeat  these  objects,  I  am  convinced  the  represent- 
atives of  the  people  will  give  it  up.  I  trust  that  gentlemen  are  well 
satisfied  that  the  support  of  our  agriculture,  manufactures,  navigation 
and  fisheries,  are  objects  of  very  great  moment.  When  gentlemen  con- 
template the  fishery,  they  admit  its  importcmce,  and  the  necessity  we  are 
under  of  encouraging  and  protecting  it,  especially  if  they  consider  its  declin- 
ing situation;  that  it  is  excluded  fom  those  advantages  ichich  it  formerly 
obtained  in  British  ports,  and  participates  but  in  a  small  degree  of  the  ben- 
efits arising  from  our  Europ'an  allies,  whose  markets  are  visited  under  severe 
restrictions:  yet,  with  all  the-bc  discouragements,  it  maintains  an  extent  which 
entitles  it  to  the  fostering  care  of  government. ^^  ******  uj^^ 
short,  unless  some  extraordinary  measures  are  taken  to  support  our  fisheries, 
I  do  not  see  what  is  to  prevent  their  inevitable  ruin.  It  is  a  fact,  that 
near  one-third  of  our  fishermen  are  taken  from  their  profession — not  for 
want  of  skill  and  abililics  in  the  art,  f>r  here  they  take  the  rank  of  every 
nation  on  earth — but  from  the  local,  chilling  policy  of  foreign  nations, 
who  shut  us  out  from  the  avenues  to  market.  If  instead  of  protection 
from  the  governmnit,  we  extend  to  them  oppression,  I  shudder  for  the  conse- 
quences.''^ Still  further:  "It  is  supposed  that  the  fishermen  must  be 
poor,  if  they  are  not  able  to  bear  the  tax  proposed.  I  contend  tiny  are 
very  poor:  they  are  in  a  sinking  stale;  they  carry  on  the  business  in  despair. 
But  gentlemen  will  ask  us,  '  Why,  then,  do  they  not  quit  the  profession?^ 
I  answer,  in  the  words  that  are  fften  used  in  the  eastern  country  respecting 
the  inhabitants  of  Cape  Cod — they  are  ton  poor  to  live  there,  and  are  too 
poor  to  remove."  The  remarkal)le  coincicleiice,  in  many  parti<-ulars, 
Dctween  1789  and  1852,  as  indical(Ml  in  the  passages  which  I  lia\c 
placed  in  italics,  cannot  escape  the  altcniion  of  persons  at([u;iiiited 
■with  the  subject. 

ant  <incNtii)n.  His  Rpcpfh  (in  tlio  IJririsli  treaty  in  17!)l  was  lii>i  ijrofitcflt  cftort.  Eminent 
alike  liir  hi.s  talenln  an<t  hiH  purity  of  chanictcr,  ho  was  an  iirnnniont  ti»  his  conntrv  IL;  died 
in  loJd. 


158 

To  omit  the  statements  and  arguments  of  Mr.  Goodhue  and  of  Mr. 
Thacher,  who  participated  in  the  debate,  and  sustained  the  main  po- 
sitions of  Mr.  Ames,  we  will  refer,  in  conclusion,  to  the  declarations  of 
Mr.  Gerry.*  "  At  a  time  when  the  policy  of  every  countr}^,"  said 
he,  "  is  pointed  against  us,  to  suppress  our  success  in  the  fisheries, 
when  it  is  with  extreme  difficulty  that  it  continues  its  existence,  shall 
we  lay  burdens  upon  it  which  it  is  unable  to  support?  If  this  import- 
ant interest  is  injured,  it  will  not  only  destroy  the  competition  with  for- 
eigners, but  will  induce  the  peoyleto  sell  their  j^foperfy  in  the  United  States 
and  remove  to  Nova  Scotia,  or  some  other  jilace,  where  they  can  inoscciite 
their  hvsincss  wider  the  inot('Ction  of  goverrimenty  *  *  *  *  "I  will  not 
reiterate  the  arguments  respecting  the  fisheries :  it  is  well  known  to  be 
the  best  nursery  for  seamen  ;  the  United  States  have  no  other  ;  and  it 
never  can  be  the  intention  of  gentlemen  to  leave  the  navigation  of  the 
Union  to  the  mercy  of  foreign  powers.  It  is  of  necessity,  then,  that  we 
lay  the  foundation  of  our  maritime  importance  as  soon  as  may  be,  and 
this  can  be  done  only  by  encouraging  our  fisheries.  It  is  well  known 
that  we  have  a  number  of  rivals  in  this  business,  desirous  of  excluding 
us  from  the  fishing  banks  altogether.  This  consideration  of  itself  is 
sufficient  to  induce  a  wise  legislation  to  extend  every  encouragement 
to  so  important  a  concern." 

Congress  were  not  unmindful  of  these  representations  and  appeals. 
An  act  was  passed  in  17S9,  which  allowed  a  bounty  of  five  cents  per 
quintal  on  dried,  and  the  same  sum  per  barrel  on  pickled  fish  exported 
from,  and  imposed  a  duty  of  fifty  cents  the  quintal  and  of  seventy -five 
cents  the  barrel  on  foreign  fish  imported  into,  the  United  States.  The 
system  of  protection,  of  bounties,  and  allowances,  is  as  old,  theretbre,  as 
the  government  itself,  and  was  devised  and  adopted  by  the  statesmen 
of  the  Revolution. 

In  1790,  Washington,  in  his  speech  to  Congress,  remarked  that  "  our 
fisheries  and  the  transportation  of  our  own  produce  offer  us  abundant 
means  for  guarding  ourselves  against"  the  evil  of  depending  upon  foreign 
vessels.  The  Senate  waited  upon  the  President  and  the  Vice  President 
with  an  address.  Among  its  topics  we  find  the  following  :  "  The  nav- 
igation and  the  fisheries  of  the  United  States  are  objects  too  interesting 
not  to  inspire  a  disposition  to  promote  them  by  all  the  means  which 
shall  appear  to  us  consistent  with  their  natural  progress  and  permanent 
prosperity."  Mr.  Hamilton,  in  his  report  as  Secretary  of  the  Treasury, 
suggested  that  a  reduced  duty  on  the  article  of  pickled  fish,  under  the 
circumstances  of  the  time,  would  prove  advantageous,  but  admitted 
that  he  was  not  in  possession  of  all  the  facts  of  the  case,  and,  deferring 
to  members  of  the  House  familiar  with  the  subject,  declined  to  hazard 
a  decisive  opinion.  Such  were  the  official  acts  relative  to  the  fishing 
interest,  at  the  opening  of  the  session.     The  relief  afforded  the  previous 

,  *The  Hon.  Elbridge  Gerry  was  a  native  of  Marblehead,  the  ancient  fishing  capital  of  Mas- 
Bachusetts,  and  a  graduate  of  Harvard  University.  He  devoted  several  years  to  commercial 
pursuits,  and  acquired  a  competent  estate.  He  was  a  signer  of  the  Declaration  of  Independ- 
ence, minister  to  France,  governor  of  Massachusetts,  and  Vice  President  of  the  United  States. 
He  died  at  Washington  in  1814,  at  the  age  of  seventy.  His  life,  by  Hon.  James  T.  Austin,  of 
Boston,  who  married  his  daughter,  contains  much  matter  relative  to  the  maritime  affairs  of 
the  Kevolutiou,  not  to  be  met  with  elsewhere. 


159 

year  was  insufficient.  The  fislierinen  represented  tliat  their  condition 
was  deplorable,  and  they  earnestly  implored  the  ])rotection  of  the  gov- 
ernment. In  the  petition  jiresented  Congress  frcnn  Marhlehcad,  are 
several  statements  which  deserve  attention.  That  document  shows, 
from  an  exact  investigation,  the  expenses  and  earnings  of  the  fishing 
vessels  of  that  town  for  the  three  preceding  years.  For  the  year  17S7, 
each  vessel  earned  S4S3  ;  in  17SS,  the  sum  of  S456  ;  and  in  17S9,  only 
$273.  The  annual  average  of  ex])enses,  including  insurance,  was  $41(3 : 
thus  aflording  a  gain  of  SG7  for  the  first  of  these  years  ;  of  $40  for  the 
second;  and  a  loss  of  $143  for  the  third.  It  estimated  that  the  duty 
paid  on  articles  necessary  for  a  vessel  of  sixty-five  tons  and  eleven  men, 
amounted  annually  to  $138  ;  the  duty  on  molasses  being  computed  at 
ninily-nhie  cents,  and  that  on  rum  at  just  fourteen  dollars  !  This  petition, 
and  several  others  of  similar  character,  were  referred  to  Mr.  Jeflerson, 
the  iSecretar}-  of  State.  His  brief  but  able  and  interesting  report,  sub- 
mitted to  Congress  in  1791,  is  the  only  state  paper  of  the  kind  to  be 
found  in  our  archives. 

The  additional  relief  desired  was  not  long  delayed.  Early  in  1792 
an  act  was  passed  which  abolished  the  bounty  on  dried  and  pickled 
fish  exported,  and  granledin  lieu  thereof  a  specific  allowance  to  vessels 
en^.ployed  in  the  cod-fishery.  This  allowance  was  graduaterl  accord- 
ing to  the  size  of  the  vessels.  Boats  between  five  and  twenty  tons  bur- 
den were  entitled  to  receive  one  dollar  per  ton  annually  ;  those  between 
twentv  and  thirt}"  tons,  fifty  cents  per  ton  additional;  and  to  those  more 
than  thirty  tons,  the  allowance  was  fixed  at  two  dollars  and  fifty  cents 
the  ton ;  but  no  vessel  could  receive  more  than  one  hundred  and  sev- 
enty dollars  in  one  season.  By  a  subsequent  act  the  same  year,  these 
several  rates  were  increased  one-fifth,  to  commence  in  January,  1793, 
to  continue  seven  years,  and  thence  to  the  end  of  the  next  session  of 
Congress. 

The  first  act  was  opposed.  INIr.  Giles,  a  member  of  the  House  from 
Virginia,  refused  his  suppcjrt,  because  "the  bill  appeared  to  contain  a 
direct  bounty  on  occupation;  and  if  th;it  be  its  object,"  said  he,  "it  is 
the  first  attempt  as  yet  made  by  this  government  lo  exercise  such 
authority;  and  its  constitutionalitv  struck  him  in  a  doubtful  point  of 
view;  f()r  in  no  part  of  the  constitution  could  he,  in  (express  terms,  find 
a.  power  given  to  Congress  to  grant  bounties  on  occupations.  The 
power  is  neither  directly  granted,  nor  (by  any  reasonable  construction 
that  he  could  give)  annexed  to  any  other  specified  in  the  constitution." 
IMr.  Williamson  objected  for  similar  reasons.  In  his  apprehension, 
"the  object  (;f  the  bounty  and  the  amount  of  it  aree(|nally  to  be  disre- 
garded in  the  present  case.  We  i\xv  simply  to  consider  whether  boun- 
ties may  be  safely  given  undei-  the  etnisiitntion.  i''or  myselt,  I  would 
rather  begin  with  a  bounfv  of  one  miNion  per  ;iiinuni  than  one  thou- 
sand. •  *  *  Establish  the  doelrine  of  boiinlies,  and  it  is  not  ;i  li-w 
fishermen  that  will  enter,  claiming  ti'ii  oV  iwcKc  thousand  dollars,  but 
all  manner  of  j)ersons;  pcH)[)le  of  ever\-  tiad-'  and  oeenpation  may 
enter  at  the  breach,  luitil  tlie\-  ha\-e  e;iien  up  ilie  bicnl  of  oiu-  child icn.'' 

Still  further  to  cncourag<;  the  pro.-eeulion  of  the  fislu-ries,  an  act  of 


160 

1793*  authorized  the  collectors  of  the  customs  to  grant  vessels  duly 
licensed  permits  "to  touch  and  trade  at  any  foreign  port  or  place," 
and  under  such  documents  to  procure  salt  and  other  necessary  outfits 
without  being  subjected  to  the  payment  of  duties.  This  act,  which  is 
still  in  force,  has  proved  extremely  beneficial  to  our  fishing  vessels  in 
certain  emergencies;  but  it  may  be  admitted  that  its  privileges  are 
liable  to  be  abused.  Four  years  later,  the  system  of  allowances  to 
vessels  emplo3^cd  in  the  cod-fishery  was  revised.  Under  the  law  then 
passed,  the  smallest  class  were  entitled  to  draw  from  the  treasui-y  one 
dollar  and  sixty  cents  per  ton  annually ;  and  vessels  upwards  of  twenty 
tons,  two  dollars  and  forty  cents  the  ton;  while  the  maximum  was 
increased  to  two  hundred  and  seventy-two  dollars.  A  second  revision 
occurred  in  the  year  1800,  which  effected  some  changes  in  details,  but 
which  provided  for  the  continuance  of  the  rates  of  allowance  then 
fixed  until  March,  1811. 

President  Jefferson,  in  his  message  to  Congress  in  1802,  spoke  of 
"fostering  our  fisheries  as  nurseries  of  navigation,  and  for  the  nurture 
of  man,"  as  among  "the  land-marks  by  which  we  were  to  be  guided  in 
all  our  proceedings;"  and  made  further  allusion  to  the  subject  in  his 
annual  communication  of  the  following  year.  His  remarks,  in  the 
second  message,  were  referred  to  a  committee  of  Congress,  who,  in  their 
report,  said  that  there  was  too  much  reason  to  believe  that  both  the 
whale  and  cod-fisheries  had  been  for  some  time  on  the  decline,  and 
that  it  was  more  than  doubtful  whether  the  United  States  employed  as 
many  men  and  tons  in  these  branches  of  industry  as  when  they  were 
colonies  or  previous  to  the  Revolution.  As  a  means  to  reanimate  them, 
they  recommended  that  ships  and  vessels  actually  and  exclusively 
employed  in  these  fisheries  should  not,  in  future,  be  subject  to  the  pay- 
ment of  the  tonnage  duty  levied  on  other  vessels;  that  fishermen  and 
other  persons  actually  employed  in  catching  whales  and  fish  should  be 
exempt  from  the  usual  charge  of  hospital  money ;  and  that  the  bounty 
or  allowance  under  existing  laws  should  be  paid  in  cases  of  shipwreck 
or  loss  of  vessels  without  deduction. 

A  single  incident  more  of  the  3'ear  1803  claims  our  notice.  One 
hundred  and  five  inhabitants  of  Block  island,  engaged  in  the  cod-fish- 
ery, joined  in  a  petition  to  Congress  for  an  allowance  or  bounty  on 
boats  of  less  than  five  tons  burden.  They  represented,  that  fiom  the 
bleak  situation  of  the  island  which  they  inhabited,  and  the  high  surf 

*  The  following  notice,  which  was  published  in  a  Boston  newspaper,  April,  1794,  is  inserted 
as  a  matter  of  curious  history,  rather  than  to  illustrate  the  text: 

"Salmon-stanii. — Great  inconveniency  arising  from  exposing  salmon  for  sale  on  the  Ex- 
change, in  State  street,  where  citizens  of  the  town,  and  those  from  abroad,  asfemble  to  trans- 
act business,  the  board  of  selectmen  have  assigned  a  stand  therefor  in  Market  square.  Those 
who  bring  salmon  for  sale  from  neighboring  towns  are  requested  to  apply  to  the  clerk  of  the 
market,  at  his  office,  north  corner  of  Faueuil  Hall,  who  will  point  tliem  to  the  stand.  The 
law  against  nuisances  is  sufficient;  a  wish  to  accommodate,  'tis  hoped,  will  preclude  the  neces- 
sity of  coercion.  The  inspector  of  polite  makes  this  publication,  having  in  view  the  prosperity 
of  our  country  brethren,  as  well  as  acconnnodation  of  the  town.  He  gratefully  acknowledges 
the  past  kindness  of  his  fellow-citizens,  and  requests,  in  this  instance,  that  neither  themselves, 
nor  those  under  them,  would  purchase  salmon  in  State  street,  but  apply  at  the  stand  assigned 
therefor. 

"  N.  B. — The  printers  in  town,  and  those  in  Salem,  Newbuiyport,  and  Haverhill  are  requested 
to  publish  the  above." 


161 

by  wliicli  it  was  incessantly  assailrd,  tlicy  pursued  ihc'iv  occupation  in 
small  boats  during  the  day,  returned  to  their  homes  at  night,  and  hauled 
their  craft  above  the  reach  and  fury  of  the  waves.  They  stated,  also, 
that  the  number  of  fishermen  upon  the  island  was  nearly  two  hundred; 
that  they  caught  from  ten  to  fifteen  thousand  quintals  of  fish  annually, 
about  half  of  which  were  pickled  and  the  remainder  dried.  The  com- 
mittee to  whom  the  petition  was  referred  made  an  adverse  report,  and 
legislation  in  their  behalf  was  refused. 

The  embargo  and  other  restrictive  measures  which  preceded  the 
war  of  1S12  j)roduced  the  most  disastrous  r(\-<ults  in  IVew  England. 
In  ISQS,  and  during  the  existence  of  the  prohibitory  acts,  a  laimber  of 
citizens  of  Boston  petitioned  Congress  for  liberty  to  export  a  quantity 
of  pickled  and  dried  fish  in  their  warehouses,  and  liable  to  rot  or  decay 
if  kept  ckiring  the  summer  months.  But  the  government  declined 
interlerence,  and  property  of  this  description  was  allowed  to  perish  in 
most  of  the  fishing  towns,  to  the  utter  ruin  of  many  of  its  owners. 
These  losses  were  followed  b}'  others;  and  as  the  results  of  the  policy 
of  our  own  rulers,  as  well  as  the  seizure  and  confiscation  of  cargoes 
of  fish  in  ports  of  Europe  under  the  memorable  decrees  of  Napoleon, 
the  distresses  of  all  classes  of  persons  engaged  in  the  catching  and 
curing  the  products  of  the  sea  became  in  the  end  general  and  akuming. 

DurinGT  the  war  with  Kngland,  the  distant  fishing  grounds  wxre  aban- 
doned. The  British  colonists  determined  that  we  sliould  never  occupy 
them  more.  The  duties  .which  devolved  on  Messrs.  Adams,  Clay, 
Gallatin,  Bayard,  and  Russell,  the  American  commissioners  at  Ghent, 
were  consequently  difficult  and  arducuis.  On  tlie  one  hand,  they  were 
expected  to  arrange  conditions  of  peace,  and  yet  were  instructed,  in 
terms  which  admitted  of  no  discretion,  to  break  off  their  consultations 
and  return  home,  rather  than  allow  the  subject  of  surrendering  the  fish- 
eries to  come  under  discussion;  on  the  other  hand,  the  British  plenipo- 
tentiaries met  them  with  the  doctrine  that  the  privileges  were  entirely 
destroyed  by  hostilitie-:.  "  These  gentlemen,"  said  the  kite  President 
Adams,  "  after  commencing  the  negotiations  wuth  the  loftiest  pretensions 
of  conquest,  finally  settled  down  into  the  determination  to  keep  Moose 
island*  and  the  fisheries  to  themselves.  This  was  the  object  of  their 
deepest  solicitu'de.  Their  efforts  to  obtain  our  acquiescence  in  their 
pretensions,  that  the  fishing  liberties  had  been  forfeited  by  the  war, 
were  unwearied.  They  ])resented  it  t(^  us  in  every  form  that  ingemiity 
could  devise.  It  was  the  fiist  stumbling-block  and  the  last  obstacle  to 
the  conclusion  of  the  treaty."  t 

*  Moose  island,  in  the  Bay  of  Pussiiniafiuoddy,  and  former  name  of  Eaatport.  This  town 
was  captured  in  July,  1814,  aud  retained  for  more  than  three  years  after  the  peaee.  On  tho 
30tli  of  June,  Irsld,  it  wa«  surrendered  to  the  United  States  with  imposing  forms  and  cere- 
umnii'.s. 

t  Thi- f'llldwin;;  letter,  addressed  I)y  .Iiilin  Adams  fo  President  Madison  during  the  negoti- 
ations at  Ghent,  is  derived  from  an  autheulic  souree: 

QuiNcv,  Xoirmlirr2f^,  IHM. 

Dr.AR  Sir:  \\Tien  my  son  departed  for  Iiiissia,  I  enjoined  upon  iiim  to  write  nothing  to  me 
whieh  ht;  was  not  willing  should  be  puidished  in  l*'reneli  and  Knglisli  newspapers,  llo  lias  very 
Bcrnpulon.sly  observed  iln'  rule. 

I  have  beiu  e(iually  reserved  in  my  letters  to  him;  but  tho  prineijile  on  both  sides  haH  been 
to  me  a  cruel  privation,  for  his  eorreK])ondeni-e  w  hen  absent,  and  his  couverKation  when  prei^ont 
has  been  a.  principal  enjoyment  of  my  life. 
11 


162 

It  Is  a  singular  circumstance,  that  at  Ghent,  as  at  Paris,  there  should 
be  an  accusation  of  defection  against  an  American  minister.  Mr.  Russell, 
the  delinquent  in  the  latter  case,  less  fortunate  than  Franklin,  found  no 
colleague  to  vouch  for  the  manliness  of  his  course  ;  and  the  fact  that  he 
adopted  the  British  argument  as  to  the  effects  of  the  war  to  terminate 
our  privileges,  as  well  as  the  opinion  that  the  fisheries  themselves  were 
of  decreasing  value,  rests  upon  his  own  published  statements.  In  these 
views  he  stood  alone.  Mr.  Adams  suggested  to  his  associates,  and  Mr. 
Clay  embodied  in  a  proposition  to  be  presented  to  the  British  commis- 
sioners, the  principle  that  we  held  our  rights  of  fishing  by  the  same 
tenure  as  we  did  our  independence;  that,  unlike  another  class  of  treat- 
ies, the  treaty  ot  17S3  is  to  be  regarded  as  perpetual,  and  of  the  nature 
of  a  deed,  in  which  the  fisheries  are  an  appurtenant  of  the  soil  conveyed 
or  parted  with;  and  that,  therefore,  no  stipulation  was  necessary  or  de- 
sirable to  secure  the  perpetuity  of  the  appendage,  more  than  of  the  ter- 
ritory itself  In  other  words,  if  we  must  contract  anew  for  fishing 
grounds,  so  must  we  also  obtain  a  new  title  to  our  territories.  This, 
as  I  understand  it,  is  the  substance  of  the  proposition  itself,  and  of  the 
various  discussions  of  which,  from  time  to  time,  it  formed  the  basis. 
The  position  was  impregnable.  The  arguments  founded  upon  this 
ground  were  not  answered  by  the  British  mission  in  1S14,  nor  by  the 
ministry  during  the  negotiations  which  terminated  in  the  convention  of 
1818.  They  aj-e  unanswerable.  But  it  is  not  to  be  denied  that  the 
present  difficulties  are  attributable  to  the  war.  Had  the  two  nations  re- 
mained at  peace,  there  could  have  been  no  pretence  of  forfeiture  ;  there 
would  have  been  no  compromise  in  1818  between  the  British  doctrine 
and  our  own;  and,  of  course,  no  ambiguous  instrument  on  wdiich  the 
colonists  could  assume,  as  they  now  do,  to  shut  us  out  of  bays  that  our 
vessels  have  visited  ever  since  they  were  won  from  France.  And  since 
England  has  not  renounced  the  pretension  that  was  assented  to  by  Mr, 
Russell,  it  may  be  worthy  the  consideration  of  our  statesmen,  whether 
the  principle  may  not  be  revived,  on  the  recurrence  of  relations  similar 
to  those  which  first  caused  its  assertion.  The  consequences  of  wars  no 
one  is  wise  enough  to  foresee;  the  questions  which  they  really  adjust, 
how  few!  the  questions  which  they  open  for  future  generations,  how 
many ! 

Notwithstanding  the  position  taken  by  Messrs.  Adams,  Clay,  Bayard, 
and  Gallatin,  at  Ghent,  that  our  treaty  rights  were  not  abrogated  by 

In  the  enclosed  letter  he  has  ventured  to  deviate,  and  has  assigned  his  reason  for  it.  I 
think,  however,  that  I  ought  to  oomnuinicate  it  to  you. 

I  have  no  papers,  that  I  recollect,  that  can  be  of"  any  seiTice  to  him.  I  jniblished  in  the  Boston 
Patriot  all  I  recollect  of  the  negotiations  for  pence  in  1782  and  1783.  But  I  have  no  copy  of 
that  publication  in  manuscript  or  print,  and  I  had  hoped  never  to  see  it  or  hear  of  it  again. 

All  that  I  can  say  is,  that  I  icotUd  continue  this  uar  forever,  rather  than  surrender  one  acre  of 
our  territory,  one  iota  oj  the  fisheries,  as  established  by  the  third  article  of  the  treaty  of  1783,  or 
one  sailor  impressed  from  any  merchant  ship. 

I  will  not,  however,  say  this  to  my  son,  though  I  shall  be  very  much  obliged  to  you  if  you 
will  give  him  orders  to  the  same  elFect. 

It  is  the  decree  of  Providence,  as  I  believe,  that  the  nation  must  be  purified  in  the  ftmiace 
of  affliction. 

You  will  be  so  good  as  to  return  my  letter,  and  believe  me  your  respectful  fellow-citizen  and 
sincere  public  and  private  fi-ieud,  JOHN  ADAMS. 

President  Madison. 


163 

the  wnr,  the  British  governmont  rovived  tlicir  })rctcnsion  1,o  tb(>  con- 
trary immediately  aik-r  the  peace.  An  American  vessel  was  lallen  in 
with  by  the  armed  ship  the  Jaseur,  Locke,  conmiaruhjr,  in  Jun",  1815, 
when  about  forty-five  miles  from  Cape  Sable;  and  her  papers  were  en- 
dorsed, "Warned  off  the  coast,  not  to  come  within  sixty  miles."  So 
extraordinary  a  procedure  was  promptly  disavowed  as  unauthorized; 
but  discussions  ensued,  wiiich  were  terminated,  in  ISIS,  by  the  conclu- 
sion of  a  treaty^  that  embodied  a  compromise  of  the  adverse  views  of 
the  two  cabinets,  and  which  is  still  in  force.     The  article  is  as  follows: 

"Whereas  dillerences  have  arisen  respecting  the  liberty  claimed 
bj--  the  United  States,  for  the  inhabitants  thereof,  to  take,  dry  and  cure 
fish  on  certain  coasts,  bays,  harbors  and  creeks,  of  his  Britannic 
Majesty's  dominions  in  America,  it  is  agreed  between  the  hiirh  con- 
tracting parties  that  the  inhabitants  of  the  said  United  Stat('S  shall 
have  lijrever,  in  common  with  the  subjects  of  his  Britannic  Majesty, 
the  liberty  to  take  fish  of  every  kind  on  that  part  of  the  southern  coast 
of  Newfoundland  which  extends  from  C-ape  Ray  to  the  Ilameau 
islands,  on  the  western  and  northern  coast  of  Newfoundland;  from 
the  said  Cape  Ray  to  the  Quir])on  islands,  on  the  shores  of  the  Mag- 
dalene islands,  and  also  on  the  coasts,  bays,  harbors  and  creeks  ti-om 
Mount  Joly,  on  the  southern  coast  of  Labrador,  to  and  through  the 
Straits  of  JBellisle,  and  thence  northwardly  indefinitely  along  the  coast; 
without  prejudice,  however,  to  any  of  the  exclusive  rights  of  the  Hud- 
son's Ba\^  Company  ;  and  that  the  American  fishermen  shall  also  have 
liberty,  forever,  to  dry  and  cure  fish  in  any  of  the  unsettled  bavs,  har- 
bors and  creeks  of  the  southern  part  of  the  coast  of  Newfoundland, 
hereabove  described,  and  of  the  coast  of  Labrador;  but  so  soon  as  the 
same,  or  any  portion  thereof,  shall  be  settled,  it  shall  not  be  lawful  for 
the  said  fishermen  to  dry  or  cure  fish  at  such  portion  so  settled,  with- 
out previous  agreement  f()r  such  purpose,  with  the  inhabitants,  pro- 
prietors, or  possessors  of  the  ground.  And  the  United  States  hereby 
renounce,  forever,  the  liberty  heretofore  enjoyed  or  claimed  bv  the 
inhabitants  thereof,  to  take,  dry,  or  care  fish,  on  or  within  three  marine 
miles  of  any  of  the  coasts,  bays,  ciccks  or  harbors,  of  his  Britannic 
Majesty's  dominions  in  America,  not  included  within  the  above  men- 
tioned limits:  provided,  however,  that  the  American  fishermen  shall 
!)('  admitted  to  enter  such  bays  or  harbors  for  the  purpose  of  shelter, 
and  of  repairing  damages  therein,  of  purchasing  wood  and  of  obtain- 
ing water,  and  hv  no  other  purpose  whatever.  But  they  shall  be 
under  such  restrictions  as  may  be  necessary  to  prevent  their  taking, 
(hying,  or  curing  fish  therein,  or  in  any  other  manner  whatever 
abusing  the  privileges  hereby  reserved  to  them." 

The  distinguishing  features  of  this  article,  as  compared  with  the 
stipulations  of  the  treaty  of  1783,  are  obviously  two:  first,  that  wc 
gave  up  the  catching  along  certain  shores  ;  and,  secondly,  that  onr 
lacilities  oi"  finjii/g  ancl  curing  were  increased.  The  practical  construo 
tion  f)f  hoili  governments  has  been,  until  a  very  recent  jieriod,  that 
our  vessels  could  y/Vt  everywhere,  as  under  the  treaty  of  178:5,  except 
irilhiii  three  miles  nj  certain  coasts;  in  other  words,  that  our  rigiils  were 
not  impaired  on  the  southern  shore  of  Newfoundland,  between  Cape 
R-ay  and  the  Ramcau  islands,  on  the  western  and  norlhern  shores  of 


164 

NewiinindLind,  from  said  C;ipe  Rnv  to  the  Quirpon  islands,  at  the 
Magduleii  islands,  between  Mount  Joly  and  the  Straits  of  Bellisle,  and 
through  these  straits  to  an  indehnite  extent  along  the  shores  of  Lab- 
rador ;  while  elsewhere  in  British  America  we  retained  the  sea  fisheries^ 
hut  surrendered  the  inner  or  shore  fisheries. 

During  the  discussions  abroad,  in  consequence  of  the  outrage  of  the 
Jaseur  and  other  British  cruisers,  Congress  were  not  nnmindtul  of  the 
fishing  interest,  both  to  repair  the  wrongs  of  unauthorized  captures 
and  to  afford  protection  against  ibreign  competition.  The  tariff  of 
1816  imposed  a  duty  of  one  dollar  the  quintal  on  foreign  dried  or 
smoked  fish  imported  into  the  United  States,  two  dollars  the  barrel  on 
salmon,  one  dollar  and  fifty  cents  the  barrel  on  mackerel,  and  one 
dollar  the  barrel  on  all  other  kinds  of  pickled  fish.  So,  in  1817,  an 
act  was  passed  which  required  that  all  officers,  and  three  quarters 
of  the  crews  of  vessels  employed  in  the  cod-fishery,  and  claiming  the 
bounty  or  allowance,  should  be  American  citizens,  "or  persons  not  the 
subjects  of  any  foreign  prince  or  state ;"  while  no  such  vessel,  it  was 
provided  by  further  enactments,  should  be  deprived  of  bounty,  if 
prevented  from  fishing  the  full  time  prescribed  by  law,  by  reason 
of  deteniion  or  seizure  by  British  ships-of-war. 

In  the  revision  of  the  tariff  in  1824,  there  was  no  change  in  the  rates 
of  duty  imposed  on  foreign  fish.  These  rates  were  continued  also  in 
the  tariffs  of  1828  and  1832.  Thus,  in  four  revisions,  the  principle  of 
ample  protection  was  preserved,  except  that  the  products  of  the  sea, 
like  all  other  commodities  imported,  were  subject  lo  the  provisions  of 
the  "compromise"  measure  introduced  by  Mr.  Clay.  In  the  present 
tariff,  specific  duties  on  fish  are  entirely  abolished,  and  the  uniform  rate 
of  twenty  per  cent,  ad  valorem  substituted,  which  on  some  kinds  is 
merely  nominal,  and  on  all  insufficient.  The  ad  valorem  system  has 
proved  extremely  beneficial  to  British  colonists.  In  fact,  having  driven 
us  fi-om  the  markets  of  Catholic  Europe,  they  are  in  active  competition 
with  us  for  our  own. 

The  question  of  "bounty,"  or  allowance  to  vessels  emplo3'^ed  in  the 
cod-fishery,  will  next  engage  our  attention.  The  act  now  in  force 
was  passed  by  Congress  in  1819.  Its  provisions,  the  construction 
given  to  it,  as  well  as  the  rules  to  be  observed  by  the  collectors  of  the 
customs,  v/ill  be  found  in  the  circular  of  the  Secretary  of  the  Treasury 
of  February  20,  1852.  Before  inserting  this  carefully  prepared  docu- 
ment, which  supersedes  all  former  instructions  and  regulations  on  this 
subject,  I  may  remark,  that  the  course  of  the  government  has  not  only 
beenjust,  but  liberal,  towards  those  who,  in  peculiar  cases,  have  applied 
for  relief".  Many  special  acts  of  Congress,  for  the  pa3mient  of  the  bounty 
or  allowance,  are  to  be  found  scattered  through  the  statute-book.  These _ 
acts  embrace  cases  where  the  original  fishing  agreements  required  by 
law  were  burned,  or  otherwise  accidentally  destroyed  ;  where  vessels 
were  known  to  be  lost  at  sea,  or  were  never  heard  of  after  leaving  port, 
or  were  driven  on  shore  and  wrecked;  and  where  sickness  and  death 
prevented  the  completion  of  the  full  term  of  time  at  sea.  The  petitions 
of  owners  whose  vessels  were  "unlucky"  on  the  fishing  grounds,  and 
returned  with  "broken  fares;"  whose  articles  of  agreement  were  in- 


165 

formal  or  incomplete;  or,  whose  masters  proceeded  upon  fishing  voy- 
ages under  licences  to  follow  the  coasting  trade,  have  been  rejected. 

Much  has  been  said,  from  time  to  timi,  about  the  extent  of  frauds  in 
procuring  the  allowances  nuthorized  under  the  system  of  bounties.  As 
late  as  1840,  the  Senate  of  the  United  States  caused  an  investigation, 
in  order  to  ascertain  the  truth  of  special  and  of  general  .-illegations. 
The  proper  officers  of  the  treasury  communicated  to  that  body  several 
documents  containing  all  the  information  in  their  possession,  which 
show  that  there  had  been  instances  of  mistaken  construction  of  the 
law,  of  non-compliance  with  the  prescribed  rules  and  forms,  and  of 
actual  f-aud.  But  the  number,  of  all  descriptions,  was  limited,  nud  of 
the  latter,  especially,  very  small.  Still,  it  cannot  be  doubted  that,  as 
in  every  other  business,  sojne  dishonest  men  are  concerned  in  this 
branch  of  industry,  and  defraud  both  the  government  and  the  persons 
whom  they  employ,  whenever  opportunity  to  do  so  occurs.  It  would 
seem  that,  under  this  circuhir,  fraudulent  owners  and  masters  must 
soon  dis  ipj)ear,  since  the  most  daring  and  expert,  in  the  past,  will 
hardlv  adventure  upon  miking  the  f;dse  records  and  representations, 
upon  committing  the  forgeries  and  perjuries,  which  will  be  necessary 
to  evade  its  provisions.  In  a  word,  the  officers  of  the  customs,  if  faith 
ful  to  their  duty,  can  put  an  end  to  corruption,  and  of  consequence  to 
the  demands  to  repenl  the  "fishing  bounty  allowances,"  often  made  on 
the  ground  that  our  fishermen,  whether  honest  or  dishonest,  claim  and 
receive  almost  al  pleasure  the  money  of  the  government. 

Ch'culur  insiruclions  to  certain  collectors  of  the  customs  relative  to  fishing 

hountij  allowances. 

Treasury  Departmkxt, 

February  20,  1S52. 

For  tho  purpose  of  producing  unif)rniiiy  in  the  requirements  of  proofs 
by  collectors  who  are  charged  with  the  allowance  of  bounty  on  the 
tonnage  of  vessels  employed  in  tlie  bank  or  other  cod-fislierics,  it  has 
been  deemed  advisable  to  embody  the  existing  regtihitions,  prescribed 
during  a  series  of  years  past  for  the  execution  of  the  laws  on  that  sub- 
ject, in  the  present  instructions. 

To  entitle  fisliing  vessels  to  the  allownnce  of  bounty,  the  laws  require 
that  they  shall  h  ive  been  exclusively  employed  in  the  cod-fishery  at 
sea  a  specified  period  between  the  last  day  of  February  and  the  last 
day  of  JVovemb  T,  under  certain  restrictions  and  conditions.  No  allow- 
ance can  be  made  unless  the  proofs  herein  pointed  out  arc  duly  made 
in  good  faith,  and  presented  to  the  collector  at  the  custom  house  where 
tluj  cod-(isliing  license  was  issued,  f()r  his  decision.  Tlicse  indispen- 
sable proofs  are  set  forth,  with  the  necessary  explanations,  as  f  )ll(i\vs  : 

1.  In  the  case  ot  a  vessel  of  twenty  tons  burden  or  upwards,  the 
original  agreement  made  previous  1o  the  fishing  voyage  or  voyages  of 
the  vessel  between  tlie  inasffr  or  skipper  thereof,  and  every  fisherman 
employed  therein,  noi  bring  an  aj)i)ri'iiiice  or  servant  of  the  m  ister 
Rki{)per  or  owner,  which  original  agn'eincnt  must  be  endorsed  or  eoun- 
tcrsigned   by  the   owner  of  the  vessel  or  his  agent,  and  amst  express 


166 

whethei'  the  same  is  to  continue  for  one  voyage  or  for  the  season ; 
and  also  stipulate  that  the  fish  or  the  proceeds  of  such  fishing  voyage 
or  voyages,  which  may  appertain  to  the  fishermen,  shall  be  divided 
among  them  in  proportion  to  the  quantities  or  number  of  said  fish  which 
each  fisherman  shall  have  respectively  caught,  together  with  an  affida- 
vit or  affirmation  of  the  owner,  his  agent  or  legal  representative,  show- 
ing expressly  that  such  agreement  or  agreements  contain  tlie  true  and 
actual  contracts  under  which  the  cod-fishery  was  pursued  on  board 
such  vessel  during  the  period  required  for  the  allowance  of  bounty. 

In  the  case  of  a  boat  or  vessel  of  more  than  five  and  less  than  twenty 
tons  burden,  an  account  from  the  owner  of  such  boat  or  vessel,  show- 
ing that  there  have  been  landed  therefrom  during  the  preceding  season 
at  least  twelve  quintals  offish,  when  dried  and  cured  fit  for  exporta- 
tion, according  to  the  weight  thereof  at  the  time  of  delivery  when  ac- 
tually sold,  for  each  ton  of  the  admeasurement  of  such  boat  or  vessel ; 
the  original  adjustment  and  settlement  of  the  fare  or  fares  embracing 
the  period  required  for  the  allowance  of  bounty,  among  the  owners  and 
the  fishermen  of  such  boat  or  vessel;  a  written  account  of  the  length, 
breadth,  and  depth  of  such  boat  or  vessel,  and  the  time  she  has  actu- 
all}^  been  employed  at  sea  in  the  cod-fishery  exclusively  in  the  prece- 
ding season;  and  the  affidavit  or  affirmation  of  the  owner  or  his  agent, 
showing  that  each  of  these  three  documents  is  true. 

In  all  these  cases  of  vessels  above  as  well  as  under  twenty  tons  bur- 
den, the  affidavits  or  affirmations  required  must  be  made  bet'ore  the 
collector  of  the  district  in  which  the  cod-fishing  license  was  issued. 

No  fishing  vessel  of  which  the  fishermen,  or  any  one  of  them,  are 
compensated  for  their  services  on  board  by  wages,  or  in  any  other  man- 
ner than  by  the  division  of  the  fish,  or  the  proceeds  of  the  same,  as  re- 
quired b}^  law,  is  entitled  to  bounty ;  but  the  cook,  where  one  is  em- 
ployed, being  regarded  as  the  servant  of  the  skipper  and  crew,  may  be 
compensated  by  wages  without  impaii^ing  the  claim  of  the  vessel  to 
bounty. 

2.  No  fishing  vessel  is  entitled  to  the  allowance  of  bounty  unless  it 
is  shown  by  sufficient  proof  that  the  master  and  three-fourths  of  her 
crew  are  citizens  of  the  United  States. 

3  Every  fishing  vessel  for  which  bounty  is  intended  to  be  claimed 
must  be  examined,  previous  to  her  departure  on  a  fishing  voyage,  by 
the  proper  officer  of  the  customs,  designated  for  that  duty  by  the  collec- 
tor of  the  district  where  her  license  was  issued,  or  some  other  district, 
on  account  of  his  competent  knowledge  of  the  requisites  of  a  proper 
outfit  for  the  cod-fishery.  Such  officer  will  certify  in  writing  whether 
she  is  sea-worthy,  and  duly  fitted  with  proper  ground  tackle,  and  other 
necessary  equipment ;  describing  her  fishing  gear,  and  stating  whether 
she  has  a  sufficient  crew  for  her  tonnage;  and  whether  the  master  and 
three-fourths  of  the  crew  are  citizens  of  the  United  States.  Such  cer- 
tificate must  be  obtained  in  all  cases.  And  in  vessels  of  twenty  tons 
and  upwards,  it  should  appear  by  this  certificate  whether  the  fishing 
agreement  has  been  duly  executed  by  the  parties  required  by  law. 
The  f  :)llowing  is  an  approved  form  of  a  certificate  when  the  inspecting 
officer  is  satisfied  that  the  vessel  is  sea-worthy,  well  fitted,  and  all 
other  requisites  duly  complied  with : 


167 

District  of , imrt  of ,  IS 

This  certifies  that  I  have  examined  the 


whereof is  master;  ihnt  she  is  sea-worthy,  well  Ibiuul  in 

sails,  rigging,  cables,  anchors,  and  fishing  gear,  suitable  for  the  cod- 
fisheries;  that  her  cz^ew  is  sufficient  for  her  tonniigc,  being  composed  of 

persons;  that  the  master  and  three-fourths  of  her  crew  are 

citizens  of  the  United  States;  and  that  in  all  respects  said  vessel  is 
fitted  for  the  cod-fisheries  iigrecably  to  the  provisions  of  law,  [adding 
in  the  case  of  a  vessel  of  twenty  tons  and  upwards,]  and  that  the  ;igree- 
mcnt  between  the  master  and  fishermen  is  duly  executed  by  them  and 
the  .owner,  or  his  agent. 

The  proofs  of  inspection  may  remain,  with  the  other  pnpers  of  the 
vessel,  to  be  presented  to  the  collector  with  the  other  proofs. 

4.  The  legal  necessity^  of  keeping  journals  or  log-books  on  board  fish- 
ing vessels  at  sea  was,  several  years  since,  expressly  laid  down  by^  the 
circuit  court  of  the  United  States  for  the  eastern  circuit,  in  decreeing 
forfeiture  of  a  fishing  vessel  for  false  statement  of  the  time  empWed  in 
the  cod-fisher}^  for  the  purpose  of  fraudulently  obtaining  bounty.  Such 
journals  or  log-books  were  required  by  the  regulations  of  22d  Decem- 
ber, 1S4S,  to  be  produced  to  collectors  in  support  of  all  claims  to 
bounty.  It  is  understood  that  this  requirement  has  been  perverted  at 
some  ports  by  regarding  memoranda  in  almanacs,  and  other  memo- 
randa even  more  exposed  to  after-fabrication,  as  sufficient.  If  the 
owners  of  fishing  vessels  choose  to  send  them  on  voyages  without  re- 
quiring regular  journals  or  log-books  to  be  kept  on  board  from  da}-  to 
day,  tliey  have  the  undoubted  right  to  do  so;  but  it  must  be  distinctly 
understood  that  hereafter  no  claim  for  bounty  on  the  tonnage  of  any 
vessel,  as  having  been  employed  in  the  cod-fishery,  can  be  recognised 
in  such  cases. 

Unless  a  regular  journal  or  log-book  is  kept  day  by  day  on  board  a 
fishing  vessel  while  at  sea,  and  such  journal  or  log-book  is  produced  to 
the  collector,  duly  verified  by  the  oath  or  affirmation  of  the  master  or 
skipper  of  such  vessel,  it  will  not  hereafter  be  considered  that  the 
necessary  evidence  of  her  employment  at  sea  in  the  cod-fishery  is  pre- 
sented. Such  journal  or  log-book  must  contain  the  dates  of  her  depart- 
ure from,  and  arrival  at,  every  port  or  place  she  may  touch  at  during 
her  voyag(a-s  or  fires,  and  state  the  material  daily  occurrences  on  board, 
as  is  usual  in  other  sea-going  vessels,  and  must  specially  c(Mitain  daily 
entries  of  the  catch  offish  by  each  person  on  board. 

•5.  It  is  also  recjuircd  that  the  owner  or  agent  of  every  fishing  vessel 
of  the  burden  qf  twenty  tons  or  upwards,  for  which  bounty  is  clain)ed, 
shall  make  a  certificate  staling  therein  the  particular  days  on  which 
such  vessel  saihid  and  returned  on  the  several  voyages  or  fires  during 
the  season  which  comprises  the  period  for  which  bounty  is  claimed.  It 
must  expressly  appear  in  this  certificate  that  such  vessel  was  exclu- 
sively employed  in  taking  codfish  f<)r  the  j)urpose  of  being  dried  or 
dry-cured,  f()r  such  period.  'J'bis  cerlificate  must  be  subscribed  by  the 
claimant,  and  sworn  or  affirmed  to  bef)r<;  the  collector. 

G.  The  master  or  skipper  ol"  every  fishing  vessel,  lor  which  bounty 
16  intended  to  be  claimed,  immediately  on  her  arrival  from  any  ^<y:lgc 


16S 

or  fare  of  such  fishery,  at  any  port  or  place  at  which  any  officer  of  the 
customs  is  stationed,  must  report  such  arrival  to  such  officer,  who  is 
required  to  examine  such  vessel,  her  papers,  equipment,  and  the  quan- 
tity of  fish  on  board,  and  to  enter  the  result  of  such  examination  in  these 
respects  upon  a  record  kept  by  him  for  that  purpose,  which  is  to  be 
returned  to  the  collector  of  his  district  whenever  required.  In  case  the 
master  or  skipper  of  such  vessel  neglects  or  refuses  to  make  report  of 
his  arrival,  the  officer  will  state  that  fact  upon  his  record,  with  such 
other  particulars  respecting  such  vessel  as  may  come  to  his  knowledge. 
Such  neglect  or  refusal  to  report  by  the  master  or  skipper  of  any  vessel 
claiming  bounty  will  operate  against  the  allowance  of  the  claim,  unless 
a  full  and  satisfactory  explanation  of  such  neglect  or  refusal  is  made 
under  oath. 

The  collectors  of  the  respective  districts  will  direct  the  inspectors  at 
the  several  ports  therein,  or  where  the  district  contains  but  a  single 
port  the  collector  will  detail  an  inspector,  to  examine  all  fishing  vessels 
arriving  at  such  ports,  requiring  them  to  take  down  their  names,  and  of 
their  masters,  their  emplo3mient,  whether  they  had  fish  on  board,  and 
of  what  kind,  and  whether  fresh,  pickled,  or  otherwise,  and  report  the 
same  to  the  collector  of  the  district  at  such  times  as  may  be  required. 
On  receipt  of  such  reports  of  the  inspectors  he  will  advise  the  collec- 
tors of  the  districts  where  such  vessels  were  licensed,  of  the  facts  con- 
cerning each;  those  licensed  for  the  cod-fishery  in  one  statement,  and 
other  fishing  vessels  in  another.  It  is  important,  for  the  prevention  and 
detection  of  fraudulent  practices,  that  this  duty  be  performed  with  fidel- 
ity and  circumspection  by  the  officers  of  the  customs  charged  with 
making  these  records  and  reports. 

7.  From  the  original  ac-t  of  16th  of  February,  1792,  changing  the 
draw^back  on  dried  fish  exported  to  bounty  on  the  tonnage  of  vessels 
employed  in  the  bank  or  other  cod-fisheries,  it  has  always  been  held 
that,  to  entitle  any  fishing  vessel  to  bounty,  she  must  be  shown  to  have 
been  emploj^ed  at  sea  exclusively  in  catching  codfish  for  the  purpose 
of  being  dried,  or  dry-cured,  during  the  period  prescribed  by  law.  It 
is  not  required  that  the  entire  period  be  embraced  in  one  voyage  or 
fare,  or  in  voyages  or  flires  immediatel}^  succeeding  each  other ;  but  it 
is  indispensable  to  the  allowance  of  bounty  that  the  period  required 
shall  be  comprehended  in  distinct  voyages  or  fares  in  which  r^o  other 
kind  of  fishery  is  pursued.  No  part  of  a  fare  or  voyage  in  which  hali- 
but, mackerel,  or  any  other  fish,  are  taken  as  an  object  of  pursuit,  as 
well  as  cod,  can  be  reckoned  as  a  portion  of  the  time  required  bj'  law ; 
where  other  fish  are  taken  merely  as  bait  for  cod,  or  as  food  for  the 
crew,  no  objection  will  be  made,  as  such  taking  is  regarded  as  strictly 
subsidiary  to  the  cod-fishery;  but  if  such  other  fish  remain  on  board 
until  the  close  of  the  fare  or  voyage  and  are  carried  into  port,  the  fare 
or  voyage  must  be  regarded  as  one  of  mixed  fisheiy,  which  cannot  be 
taken  into  the  computation  of  the  lime  required  by  law  for  the  allowance 
of  bounty.  A  vessel  may  be  exclusively  employed  in  the  cod-fishery 
at  sea  for  one,  two,  or  three  months  in  a  distinct  fare  or  fares  in  the 
first  part  of  the  fishing  season,  then  pursue  the  mackerel  fishery  under 
the  license  required  by  law,  afterwards  may  surrender  her  mackerel 
license,  and  then  complete  the  period  required  by  law  by  another  dis- 


tinct  fare  or  fares,  of  cxelusive  employment  in  the  cod-fis'liery,  previous 
to  the  last  day  of  November.  But  \hc.  taking  of  mackerel  by  anv  ves- 
sel under  cod-fishing  license,  excci  t  as  bait  or  food  {()r  her  crew,  is 
regarded  as  a  violation  of  the  license  laws.  Such  illegjil  fishery  during 
any  season  will  l()rfeit  all  cl.iim  to  bounty  for  that  season,  and  when 
the  fact  is  known  to  any  collector  lu^  is  instructed  to  refuse  the  allov/- 
ance  hereafter  accordingly. 

Vessels  employed  in  taking  any  kind  offish  for  sale  and  consumption 
in  a  fresh  or  green  condition,  as  well  as  fish  to  be  preserved  by  pickling, 
are  not  within  the  bounty  laws,  and  no  voyages  or  fares  in  which  such 
fisheries  are  pursued  can  be  lawfully  computed  as  any  part  oi"  the 
period  rc^juirc^d  lor  the  allowance  of  bounty. 

S.  When  the  proofs  presented  f Lilly  satisfy  you  that  all  the  require- 
ments and  conditions  here'in  contained  have  been  complied  with  in 
good  faith,  3^ou  are  authorized  to  piiy  the  owner  or  owners,  or  his  or 
their  agent  or  representative,  of  fishing  vessels,  wdiere  exclusive  em- 
ployment at  sea  in  the  cod-fishery  for  lour  calendar  months,  at  least,  is 
shown  by  the  evidence  herein  required. 

If  measuring  more  than  five  tons,  and  not  exceeding  thirty  tons, 
S3  50  per  ton. 

If  measuring  more  than  thirty  tons,  S4  per  ton. 

If  the  above  thirty  tons,  wath  crews  not  less  than  ten  persons,  and 
liaving  been  exclusively  employed  at  sea  in  the  cod-fishery  three  and 
one-half  calendar  months,  $3  50  per  ton. 

The  allowance  for  one  vessel  during  the  season,  whatever  may  be 
her  tonnage,  cannot  exceed  $360. 

9.  Vessels  exclusively  employed  at  sea  in  the  cod-fishery  the  full 
time  required  to  entitle  them  to  bounty,  and  afterwards  wrecked,  may 
be  allowed  bounty  under  the  provisions  of  the  act  of  26th  of  May,  1S24, 
which  requires  the  evidence  of  the  loss  of  the  vessel  to  be  transmitted 
to  the  Comptroller  for  his  decision  thereon.  Under  the  act  of  March  3, 
1849,  this  duty  has  been  transferred  to  the  Commissioner  of  the  Cus- 
tam>,  to  whom  the  proof,  certified  by  the  collector  of  the  district  to 
which  the  vessel  belonged,  should  be  sent  for  his  ollicial  direction 
tliereon. 

Instructions  will  be  given  in  due  season  in  regard  to  the  mode  of 
payment  of  bounty  allowances,  at  iind  after  the  close  of  the  year.  To 
obviiite  any  res[)onsibility  which  might  olhervvise  devolve  on  collectors, 
should  such  p:iyments  be  made  upon  proof  regarded  as  insullicient 
under  the  present  instructions,  it  will  be  advisable  that  probable  claim- 
anis  to  fishing-bounty  allowances  be  apprized,  before  tlie  sailing  of  ves- 
s<'ls  on  their  first  cod-fishing  voyage,  of  the  requirements  of  these  in- 
itructions,  which  arc  intend(.'(l  to  supersede  and  supply  the  place  of  all 
former  instructions  on  this  subjeel. 

THOMAS  CORWIN, 

Secretary  of  the  Trais/ny. 

An  account  of  the  fishing  grounds  has  been  res(>rve(l  lor  ih  •  roiielu- 
sion.  Of  those  ne;i,r  our  cities,  and  visili-d  f)r  the  purpose  of  supj)lving 
our  m;irk(.ts  with  fish  to  be  consumed  fresh,  it  is  unnecessary  to  s|)eak. 
Thos(.'  within   the    limits  t)f  JLirili.di    America,   and   seeuretl   lo   us   by 


170 

treaty,  as  well  as  those  on  the  eastern  coasts  of  Maine,  are  less  gene- 
rally known,  and  may  properly  claim  attention. 

Of  the  distant,  Newfoundland  is  the  oldest.  That  vessels  from 
Boston  fished  there  as  early  as  the  year  1645,  is  a  fact  preserved  in 
the  journal  of  Governor  Winthrop.  The  "great  bank,"  which  has 
been  so  long  resorted  to,  is  said  to  be  about  two  hundred  miles  broad 
and  nearly  six  hundred  miles  long.  In  gales  the  sea  is  ver}'  high,  and 
dense  fogs  are  prevalent.  The  water  is  from  twenty-five  to  ninety-five 
fathoms  deep.  The  edges  of  the  bank  are  abrupt,  and  composed  of 
rough  rocks.  The  best  fishing  grounds  are  between  the  latitudes  of  42 
and  ^6  degrees  north.  The  "  bankers,*'  as  the  vessels  employed  there 
are  called,  anchor  in  the  open  sea,  at  a  great  distance  from  the  land, 
and  pursue  their  hazardous  and  lonely  employment,  exposed  to  perils 
hardly  known  elsewhere.  The  fish  are  caught  with  hooks  and  lines, 
and  (the  operations  of  splitting  and  dressing  performed)  are  salted  in 
bulk  in  the  hold,  from  day  to  day,  until  the  cargo  is  completed.  The 
bank  fish  are  larger  than  those  taken  on  the  shores  of  Newfoundland, 
but  are  not  often  so  well  cured. 

The  first  American  vessel  which  was  fitted  for  the  Labrador  fishery 
sailed  from  Newbury  port  towards  the  close  of  the  last  century.  The  bu- 
siness once  undertaken,  was  pursued  with  great  energy,  and  several  hun- 
dred vessels  were  engaged  in  it  annually  previous  to  the  war  of  1812. 
A  voyage  to  Labrador,  unhke  a  trip  to  the  Banks  of  Newfoundland,  is 
not  without  pleasant  incidents  even  to  landsmen.  The  coast  is  fre- 
quented for  a  distance  of  ten  or  twelve  degrees  of  latitude.  It  has 
been  preferred  to  any  other  on  account  of  its  security,  and  a  general 
certainty  of  affording  a  supply  of  fish.  Arriving  in  some  harbor  early 
m  June,  an  American  vessel  is  moored,  and  remains  quietly  at  anchor 
until  a  full  "  fare"  has  been  obtained,  or  until  the  departure  of  the  fish 
requires  the  master  to  seek  another  inlet.  The  fishing  is  done  entirely 
in  boats,  and  the  number  usually  employed  is  one  for  about  thirty  tons 
of  the  vessel's  register.  Here,  under  the  management  of  an  expe- 
rienced and  skilful  master,  everything  may  be  rendered  systematic 
aiid  regular.  As  soon  as  the  vessel  has  been  secured  by  the  necessary 
anchors,  her  sails  and  light  rigging  are  stowed  away,  her  decks  cleared, 
her  boats  fitted,  and  a  day  or  two  spent  in  fowhng  and  sailing,  under 
color  of  exploring  the  surrounding  waters  and  fixing  upon  proper  sta- 
tions for  the  boats,  and  the  master  announces  to  his  crew  that  they  must 
try  their  luck  with  the  hook  and  line.  Each  boat  has  now  assigned  to 
it  a  sliipper,  or  master,  and  one  man.  At  the  time  designated,  the 
master  departs  with  his  boats,  to  test  the  qualities  of  his  men,  and  to 
mark  out  tor  them  a  course  for  their  future  procedure. 

The  love  of  power,  so  common  to  our  race,  is  exemplified  even  here, 
since  the  shippers  of  these  boats,  though  commanding  each  but  a  sin- 
gle man,  often  assume  airs  and  exercise  authority  which  are  at  once 
ridiculous  and  tyrannical ;  while  their  ingenuity  in  explaining  the  causes 
of  a  bad  day's  work,  reall}^  occasioned  by  idleness,  or  by  time  spent 
in  shooting  sea-birds,  frequently  puts  the  patience  and  the  risibihty  of 
the  master  to  a  severe  trial.  If  fish  are  plenty,  and  not  too  distant 
from  the  vessel,  the  boats  are  expected,  in  good  weather,  to  catch  two 
loads  in  a  day.     Their  return,  if  laden,  is  the  signal  for  the  dressing- 


171 

crew,  who  are  left  on  board,  to  begin  a  scries  of  operations  wliich, 
when  completed,  leave  the  fish  in  the  }()rm  in  wliich  the  consumer  buys 
them.  From  the  dressing-table  the  fisli  are  thrown  down  the  hatch-way 
to  the  sailer,  who  commences  the  process  of  curing  by  sahing  and 
placing  them  in  layers  in  the  bottom  of  the  vessel.  If  the  master  in- 
tends to  remain  on  the  coast  until  his  fish  are  ready  for»market,  they 
are  commonly  taken  on  shore  as  soon  as  caught,  and  there  dressed, 
salted  and  dried,  before  being  conveyed  to  the  vessel.  If,  on  the  con- 
trary, it  be  his  intention  to  dry  them  at  home,  as  is  now  the  common 
practice,  the  Salter's  duty  is  the  last  that  is  performed  abroad.  The 
bait  used  in  the  Labrador  fishery  is  a  small  fish  called  capelin.  This 
small  but  useful  fish  seldom  remains  on  the  fishing-ground  for  more 
tJian  six  weeks  in  a  season;  a  time  which  is  long  enough  for  securing 
a  full  supply,  and  which  an  experienced  and  energetic  master  does 
not  often  allow  to  pass  away  without  one.  The  average  produce  of 
this  fisher}'  may  be  estimated  at  about  ten  quintals  to  every  ton  of  the 
vessels  emplo3'ed  in  it,  though  the  best  masters  are  dissatisfied  when 
they  f  lil  to  catch  a  fourth  or  fifth  more. 

The  selection  of  a  master  is  a  point  so  important  to  owners  that  a 
word  upon  his  (qualifications  will  not  be  amiss.  Besides  all  the  respon- 
sibilities at  sea  which  devolve  upon  a  master  in  the  merchant  service, 
he  has  cares  and  anxieties,  which  are  unknown  to  that  branch  of  mar- 
itime adventure.  His  passage  being  safely  made,  the  master  of  the 
merchantman  is  relieved  by  the  counsel  and  assistance  of  the  owner  or 
consignee.  But  it  is  not  so  with  the  master  of  the  fishing  vessel.  Du- 
r'mg  the  period  devoted  to  fishing,  his  labor  is  arduous  in  the  extreme; 
and  come  what  will,  in  the  desolate  and  distant  regions  which  he  visits, 
his  own  sagacity  and  prudence  are  his  only  rehance.  If,  as  not  unfre- 
([uently  happens,  he  be  so  unfortunate  as  to  have  among  his  crew  two 
or  three  retractory  spirits,  who  seek  to  poison  the  minds  of  all  the  rest; 
if  others,  who  boasted  loudly,  before  sailing  from  home,  how  well  and 
quickly  they  could  use  the  spUtt'ing-hiife,  or  how  true  and  even-handed 
they  were  in  distributing  the  salt,  prove  too  ignorant  to  be  trusted ;  or 
if  every  man  under  his  charge,  without  being  dogged  or  incapable,  is 
still  of  so  leaden  a  mould  as  to  rcMuain  immovable  under  promises  of 
bounty  or  [)romotion  ; — these  difficulties  must  be  but  new  induceuKnits 
to  use  extraordinary  personal  exertions,  and  to  preserve  his  reputation 
at  the  expense  of  his  health  and  strength.  Even  if  there  are  n(me 
of  these  embarrassments  to  contend  with,  his  ordinary  employments 
require  an  irf»n  frame,  and  an  uiiconcjuerable  resolution. 

A  fiiend  who  h;is  seldom  fiiled  to  accomplish  wli.it  he  has  under- 
taken, and  whose  life  has  been  full  o("  daring  enterj)iises,  has  often  as- 
sured njc,  that  while  on  the  Labrador  shore,  his  duty  and  the  fear  of 
making  a  '■'■  Irrokcn  voyage^^  kept  him  awake  and  at  his  post  full  twenty 
hours  every  day  throughout  the  time  employed  in  taking  fish.  "Once," 
said  he,  '*!  was  chxelved  b}'  every  man  that  1  had  on  board  my  ves- 
sel, my  mate  alone  excepted.  Each  shipped,  as  is  usual,  to  pertiirm  a 
particidiu-  service,  and  each  boastcil  of  his  accomplishments  in  e;ilching, 
dressing  down  or  saltingawav;  l»ui  there  was  nciihei"  a  ljooiI  ImciIiiliu, 
an  ;idroit  splitter,  nor  a  safe  sailer,  ;iniong  them  all.  iMy  siiuiiiou  was 
paialiil   enough.     I  was  interested   in  the  loss  or  gains   ot"  tlu;  voyage, 


172 

and  was  too  poor  and  too  young  in  command  to  bear  the  consequences 
of  returning  without  a  full  fare ;  and,  besides,  1  was  never  good  at  ac- 
counting for  bad  luck,  and  felt  that  it  was  far  easier  for  me,  even  under 
these  untoward  circumstances,  to  till  my  vessel,  than  to  explain  to 
every  one  who  would  question  me  at  home  as  to  the  causes  of  my 
failure  ;  and  jhe  result  of  the  matter  was,  that  I  got  as  many  fish  per 
toil  and  per  man  as  any  vessel  that  I  met  on  the  coast." 

"Anoth(^r  season,"  says  the  same  friend,  "while  in  the  We?t  India 
trade  I  was  disappointed  in  obtaining  a  cargo,  and  was  compelled  to 
go  to  Labrador,  or  haul  my  schooner  up.  I  was  too  restless  to  be 
idle,  and  resolved  upon  fishing.  It  was  three  weeks  too  late;  and,  on 
attempting  to  ship  a  crew,  I  found  that  no  good  men  were  to  be  had, 
and  that  I  must  take  raw  Irishmen,  and  a  drunkard  for  a  mate. 

The  chances,  as  you  may  well  suppose,  were  all  against  me;  but  I 
made  the  voyage  and  obtained  as  many  fish  as  my  vessel  could  carry. 
But  I  always  had  pistols  in  my  pockets,  and  enforced  most  of  my  orders 
with  a  threat  or  a  handspike.  I  slept  full  dressed,  and  with  arms  in 
my  berth.  A  battle  with  one  or  more  was  almost  of  daily  occurrence, 
and  I  wac  in  constant  fear  either  of  losing  my  own  hfe,  or  of  being 
compelled  to  take  that  of  some  one  of  my  crew,  to  overawe  the  rest." 
These  incidents  occurred  on  voyages  made  from  a  port  on  the  frontiers 
of  Maine,  and  before  the  commencement  of  the  temperance  reform ; 
and  are,  of  course,  to  be  regarded  not  only  as  having  been  laie  in 
former  times,  but  as  never  happening  now.  But  the  master's  duty,  if 
he  be  an  efficient  man,  is  never  an  easy  one.  If  he  would  provide  for 
every  contingency,  and  make  sure  of  a  cargo  despite  of  every  adverse 
event,  he  must  not  even  allow  the  full  repose  which  nature  craves.  It 
is  upon  his  regularity  and  perseverance  in  procuring  fresh  bait,  a  service 
which  must  sometimes  be  performed  at  the  hazard  of  his  life  ;  upon  the 
frequency  of  his  visits  to  his  boats,  which  are  often  miles  asunder;  upon 
his  readiness  to  use  his  own  hands  to  make  up  the  laggard's  deficiency; 
upon  his  economy  and  system  in  the  use  of  time  and  outfits;  upon  the 
degree  of  energy  and  regularity  which  he  infuses;  and,  finally,  upon  the 
care  which  he  exercises  in  dressing  and  salting  the  object  of  his  search, 
that  the  success  or  failure  of  the  voyage  mainly  depends.  Masters 
who  are  able  and  willing  to  sustain  these  varied  and  incessant  calls 
upon  their  bodily  vigor  and  mental  activity  are  to  be  found,  probably,  in 
every  fishing  port.  But  it  is  very  certain  that  the  number  has  sensibly 
diminished  during  the  last  twenty  years,  and  that  the  transfer  to  other 
and  more  profitable  and  ambitious  commands  is  still  going  on.  The 
mercantile  men  of  the  commercial  emporium  of  the  North,  and  the 
packet-ships  of  the  commercial  emporium  of  the  Union,  rank  deservedly 
high;  but  were  their  counting-rooms  and  quarter-decks  to  yield  up  alii, 
or  even  li;df,  of  those  whose  birth-places  were  on  the  two  capes  of 
Massachusetts,  and  whose  earliest  adventures  were  made  in  fishing- 
Ci-aft,  they  would  lose  many  high  and  honored  names.  So,  too,  were 
either  to  cease  recruiting  from  the  same  sources,  the  humble  employ- 
ment of  which  I  am  speaking  would  speedily  become  more  prosperous, 
in  public  estimation  more  respectable,  and  of  consequence  be  consid- 
ered more  worthy  of  the  care  and  protection  of  our  rulers. 


173 

The  cod-fi-hcry  in  tlic  Bay  of  Fuiuly  diflrrs  in  in;iny  rc.ipocts  from 
that  ot"  Labrador.  It  commences  earlier,  and  is  pursued  more  irregu- 
larly, and  to  a  later  peiiod  of  the  season;  while  it  yields  a  larger  and 
better  fish,  and,  from  the  greater  depth  of  water  and  rise  of  tide,  requires 
much  longer  lines.  This  fishery  is  pursued  principally  b}^  the  colonists 
who  live  aL»ng  the  shores  of  the  bay,  and  by  the  fishermen  of  tlie 
eiistern  part  oi'  Maine. 

The  vessels  which  arc  employed  in  it,  though  of  greater  variety,  are 
neither  so  large  nor  so  valuable  as  those  which  are  required  for  the 
more  hazardous  and  distant  fishing  gi'ounds ;  and,  unlike  these,  it  allows 
ot  the  use  of  sail-boats  of  the  smallest  size,  as  well  as  of  those  which 
can  be  propelled  with  safety  and  celerity  by  the  oars  of  a  single 
man.  The  vessels  anchor  upon  the  outer  grounds  as  often,  and  for  'such 
times,  as  the  weather  permits;  while  the  boats  keep  within  the  passages 
and  about  the  ledges,  with  which  the  bay  abounds:  The  time  used 
for  fishing  is  just  before  high  tide,  and  just  before  low  water,  which 
states  of  the  sea  are  called  s/acAs.  Most  of  the  fishermen  own  or  occupy 
small  firms,  so  that  fishing  is  an  occasional,  rather  than  a  constant, 
cmplovment  with  th(!m.  Two  hundred  boats  are  sometimes  in  sight  at 
Eastport;  and  when,  by  a  turn  of  the  tide  or  a  change  of  the  wind,  the 
little  fleet  draw  together  and  float  past  the  town  in  line,  the  scene  is 
not  without  interest  even  to  those  who  have  witnessed  it  for  many 
years. 

From  the  earliest,  or,  as  they  are  called,  the  sprijig fires  of  the  cod- 
fish obtained  in  the  Bay  of  Fundy,  are  made  a  considerable  part  of  the 
table  or  dun-fish,  which  are  consumed  in  the  New  England  States;  and 
next  to  the  Isles  of  Shoals  fish,  they  are  undoubtedly  the  best.  Those 
caught  in  boats  are  seldom  fit  for  dunning.  They  are  commonly  sold 
fresh  to  the  little  fishing  stands  or  trading  establishments  set  up  by  the 
more  independent  inhabitants.  But,  owing  to  a  variety  of  c;uises,  the 
process  of  curing  is  so  imperfectly  performed,  that  none  are  so  good  as 
those  caught  in  vessels,  and  many  are  wholly  unfit  for  human  fiod. 
The  sprinkhng  of  hme,  however,  over  the  defective  parts,  (a  practice 
which  some  fishermen  deem  entirely  honest,)  will  deceive  the  eye  and 
(}uiet  the  nasal  organ  of"  the  inexperienced  or  careless  purchaser.  These 
waters  afibrd,  also,  a  considerabh^  part  of  the  dried  fish  known  among 
dc>alers  as  jMjIlock,  hake,  and  haJdock.  They  are  usually  t.;ken  when 
fishing  for  the  cod,  and  by  the  same  means.  The  "Quodcly  pollock" 
is  a  great  favorite  everywhere  in  the  int(n-ior,  and  is  to  bi;  {()und  in 
almost  every  firm-house  of  the  North.  The  hake  fishery  of  this  bay  is 
small;  nf)r  is  it  of  much  conse(|uence  on  any  part  of  tlu?  American 
coast.  The  hake  and  haddock  are  poor  fish,  and  neither  couuviands 
more  than  half  the  price  of  the  cod.  The  hake,  however,  yields  a 
larger  quantity  of  oil,  and  is,  ther(>fbre,  held  in  estimation  by  those  who 
catch  it  and  are  not  compelled  to  eat  it.  The  haddock,  when  fresh, 
suits  the  tast(;  of  some;  but  wjien  (lri(Ml,  it  is  without  re|)Ulati(,n  even  in 
tlif;  hut  of  the  negro,  who  is  doomed  to  bo  its  principal  consumer. 
There  is  a  tradition  in  Catholic  (■oiiiil  lies,  iliat  tli(>  haddock  was  tlie 
fi-h  oul  of  whose  mouth  the  Apostle;  look  the  tribute-money,  ami  that 
the  two  (lark  spots  near  its  gills  preserve  to  this  day  the  impression  of 
his  thumb  and  flnLTcr. 


174 

Pai-ticular  mention  of  our  cod-fishery  on  the  coasts  of  Nova  Scotia,  in 
the  Bay  of  Chaleurs,  in  the  Gulf  of  St.  Lawrence,  and  elsewhere  in 
British  America,  may  be  omitted ;  since  the  brief  notice  of  the  manner 
of  conducting  it  at  Newfoundland,  at  Labrador,  and  in  the  Bay  of 
Fundy,  is  sufficient  to  give  a  general  idea  of  it,  in  vessels  and  boats, 
in  the  open  sea,  in  harbors,  along  the  shores,  and  in  the  most  distant 
regions. 


Statistics  of  thecod-Jishery  of  Massnchnsetts  from  the  year  1765  to  1775,  and 

from  1786  to  1790. 


Toiras. 


Marblehead  . 
Gloucester  .. 
Manchester . 

Beverly 

Salem 

Newburyport 

Ipswich 

Plymouth  . . . 

Cohasset 

Hmgham...  . 

Scituate 

Duxbury 

Kiugstou 

Yarmouth . . . 
Wellfleet.... 

Trure 

Pi-ovincetown 

Chatham 

Nantucket . . . 
Weymouth  . . 
In  Maine 

Total. 


From  1765  to  1775. 


Vessels  an- 
nually em- 
ployed. 


150 

140 

25 

15 

30 

10 

50 

60 

6 

6 

10 

4 

6 

30 

3 

10 

4 

30 

8 

2 

60 


665 


Tonnage 


7,  500 

5,  530 

1,500 

750 

1,500 

400 

900 

2,400 

240 

240 

400 

160 

240 

900 

90 

400 

160 

900 

320 

100 

1,000 


25,  630 


No.   of 
men. 


1,200 

888 

200 

120 

240 

60 

190 

420 

42 

42 

70 

28 

42 

180 

21 

80 

32 

240 

64 

16 

230 


4,405 


From  1786  to  1790. 


Vessels  an- 
nually em- 
ployed. 


90 

160 

15 

19 

20 

10 

56 

36 

5 

4 

2 

9 

4 

30 


11 

30 


3 
30 


539 


Tonnage. 


5,400 

3,600 

900 

1,235 

1,300 

460 

800 

1,440 

200 

180 

90 

300 

160 

900 


550 
900 
200 
150 
300 


No.  of 
men. 


720 

680 

120 

157 

160 

80 

248 

252 

35 

32 

16 

72 

23 

180 


240 
40 
24 

120 


19, 185 


3,292 


175 

Statls/ics  of  the  fisheries  nftJic  United  States  in  1840. — General  view  slwwing 
the  j^roduce,  men,  and  cajntal  emjdoyed  in  each  State  and  Territory. 


St-ates  and  Terri- 
toiies. 


•S    !•> 


"<, 


270,  156 

28, 257 

389,715 

4,0:i4 

1,384 


2,385 


Maine 

New  Hampshire. .. 
Massacliusetts  .... 

Rhode  Island 

Connecticut 

Vennont 

New  York 

New  Jersey 

Petuisylvauia 

Delaware 

Maryland 

Virginia 

North  Carolina 

South  Carolina 

Georgia 

Alabama 

Mississippi 

Louisiana 

Tennessee  

Kentucky 

Ohio 

Indiana 

Illinois ' 

Missouri 

Arkansas 

Mifhi},'an ' 

ni.rida 69,000 

Wisconsin 

Iowa 

Disc,  of  Columbia 


54,071 

1,714 

124,755 

2,908 
6,598 


22, 224 
1, 134 
2,012 

2.8,  000 
71,292 
30,315 
73,  :350 
425 
14 


97 


3, 506 

14 

1 


1,044 


3, 630, 972 

487, 268 
183,207 


400, 251 
12, 000 


49, 704 


26; 


^-g 


117,^ 

15, 234 

3,364,725 

633,  860 

1,909,047 


1, 269, 541 
80, 000 


142, 575 


2, 387 


<^  S  73 

"«  "5  .2 


|2, 351 


442, 974 


1^5 


3,610 

399 

16,000 


45,523|  1,160 
157,572  2,215 


344, 665 
74, 000 
15,240 
7,987 
12, 167 
4,150 
23, 300 


1,150 


1,228 

179 

58 

165 

7,814 

556 

1,784 

53 

6 


165 


$526, 967 

59, 683 

11,725,850 

1,077,157 

1,301,640 


943, 250 
93, 275 
16,  460 

170, 000 
83,  947 
28,  3.83 

213,502 
1,617 


242 


12, 210 


16, 535 

73 
9,02]! 


60 
1,500 


6, 000 
155 


453 

6' 

13H 


28, 640 
10,  000 
61,300 


24,300 


15, 500 


52: 


64, 500 


773,947  472,359  4,764,708 


7,536,778  1,153,234  36,584 


16,  429,  620 


176 

Statislics  of  the  cod-Jishcnj  of  the  Uaited  States,  exhibiting  the  tomiage  em- 
jjloijed;  bounty  paid  to  fishing  vessels;  imiwrts  of  salt ;  exports  of  dried 
fish,  and  the  value  of  the  same. 


Year. 


Tonnage. 


Bounty. 


1789. 
1790. 
1791. 
1732. 
1793. 
1794. 
J  795. 
1796. 
1797. 
1798. 
1799. 
J  SOU. 
1801. 
1802. 
1803. 
1804. 
1895. 
1808. 
1807. 
1808. 
1809. 
1810. 
1811. 
1812. 
J813. 
1814. 
1815. 
1816. 
1817. 
1818. 
1819. 
1820. 
1821. 
1822. 
1823. 
1824. 
1825. 
1826. 
1827. 
1828. 
18i9. 
1830. 
1831. 
1832. 
1833. 
1834. 
1835. 
1836. 
1837. 
1838. 
1839. 
1840. 
1841. 
1842. 
1843. 
1844. 
1845. 


19, 

28, 
32, 
32, 
50, 
28, 
30, 
34, 
40, 
42, 
29, 
29, 
39, 
41, 
51, 
52, 
57, 
59, 
69, 
51, 
34, 
34, 
43, 
30, 
20, 
17, 
36, 
48, 
64, 
69, 
76. 
72, 
62, 
69, 
78, 
77, 
81, 


185 
348 
542 
060 
163 
671 
934 
963 
629 
746 
978 
427 
381 
521 
813 
014 
466 
183 
306 
998 
486 
828 
233 
459 
878 
855 
938 
126 
807 
107 
076 
040 
293 
225 
253 
446 
462 


94, 
101, 

98, 
106, 
102, 
111, 
117, 


756 

797 
529 
188 
454 
445 
485 


63, 

80, 
70, 
72, 
76, 
66, 
54, 
61, 
85, 
76, 


306 
552 
064 
248 
036 
551 
803 
223 
224 
990 


None. 
None. 
None. 


Salt  imported. 


$72,965  32 

93,  768  91 

66,280  47 

76, 889  63 

80,475  76 

94,684  30 

128, 605  87 

87,  853  45 

74,520  92 

104,447  92 

117,173  57 

145, 986  73 

1.52,  927  72 

162, 191  99 

161,2.54  17 

142,911  89 

47,166  11 

3,406  44 

None. 

None. 

None. 

None. 

1,811  74 

84,736  26 

119,919  51 

148,  915  65 

161,623  35 

197,  834  68 

170,052  91 

149, 897  83 

176,706  04 

208,924  08 

198, 724  97 

215, 859  CI 

206, 185  55 

239, 145  20 

261,  069  94 

197, 642  28 

200,428  39 

219,  745  27 

245, 182  40 

218,218  76 

223,784  93 

213,091  03 

250,181  03 

314, 149  GO 


Busluls. 
1,250,2.55 
2,  3.55, 760 
1,850,479 
1,779,510 

2,  027,  332 
2,958,411 
2,233,186 

3,  975, 922 
2,  674, 251 
2,891,453 

2,  471,  969 

3,  095,  807 
3, 282,  064 
3,  564, 605 
3,  862,  804 
3, 479, 878 
3, 652, 277 
3,941,616 
4,671,628 

1,  300, 177 
No  retunis. 
No  returns. 
No  returns. 
No  returns. 
No  returns. 

333,  344 

2,  020, 131 
6,  854, 821 

2,  884,  504 
3, 678, 526 
3, 874, 8.52 
4,711,329 

3,  943, 727 

4,  087,  381 
5,127,657 
4,401,399 
4,574,202 
4,  564, 720 

4,  320, 489 
3,  962, 957 

5,  945, 547 

5,  374,  046 
4, 182,  340 
5,041,424 

6,  822,  672 
6, 038,  076 

5,  375,  364 

5, 088,  em 

6,  343, 706 
7, 103, 147 
6,  06],  608 
8, 183, 203 
6, 823,  946 


Dried  fish  ex- 
ported. 


Value  of  ex- 
ports. 


Quintals. 


383, 237 
364,  898 
372, 825 
436, 907 
400, 818 
377, 713 
406,016 
411,175 
428, 495 
392, 726 
410,948 
440, 925 
461,870 
567, 828 
514,549 
537,  457 
473, 924 
155, 808 
345, 648 
280, 864 
214, 387 
169,  019 
6:i,  616 
31,310 
103, 251 
219,  991 
267,514 
308, 747 
280,  555 
321,419 
267,  305 
241,228 
262. 766 
310, 189 
300, 857 
260,  803 
247,  321 
265,217 
294, 761 
229, 796 
230, 577 
250, 544 
249,689 
253, 132 
287, 721 
240,  769 
188, 943 
206, 028 
208, 720 
211,425 
252, 199 
256,  0«3 
174, 220 
271,610 
288,380 


$1,620, 
2,  400, 
2,  058, 
2, 150, 
1, 896, 
623, 
1, 123, 
913, 
757, 
592, 
210, 
128, 
494, 
935, 
1,003, 
1,081, 
1,  052, 
964, 
708, 
666, 
734, 
873, 
830, 
C67, 
747, 
819, 
747, 
530, 
625, 
749, 
713, 
630, 
783, 
746, 
588, 
626, 
709, 
541, 
602, 
567, 
381, 
699, 
803, 


000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
000  00 
778  00 
730  00 
024  00 
685  00 
356  00 
742  00 
171  00 
926  00 
541  00 
690  00 
393  00 
909  <K) 
317  00 
384  00 
895  00 
464  00 
500  00 
245  00 
218  00 
058  (JO 
810  00 
782  00 
175  00 
833  00 
353  00 


177 

STATEMENT— Continued. 


Year. 

Tonnage. 

Bounty.          Salt  imported. 

Dried  fi.fh  ex- 
ported. 

Value  of  ex- 
ports. 

1846 

79,:ilH 
78, 280 
89, 856 
81,695 
9:?,  806 
*95,616 

Bushels. 

Qninliils. 
277,  401 
258,  870 
206, 549 
197,457 
168,600 
151, 088 

$fi09,559  00 
659,  (;29  00 

1847 

1848 

609  4^!'2  00 

1849 

1850 

11,622,16:5 

11,224,  ]a5 

8, 681, 176 

419,092  00 
365,  :i49  00 

1851 

367,729  GO 

*  Maine,  45,528;  New  Hampshire,  1,916;  Massachusetts,  39,982;  Rhode  Island,  371 ;  Coa- 
liecc.cut,  6,785;  New  York,  1,034;  total,  95,616. 


Statistics  of  pickled ^sh  exported  from  the  United  States  and  imported  into 

the  same. 


Year. 


1791 

1792 

1793 

1794 

179.5 

1796 

1797 

1798 

1799 

1800 

1801 

1802 

1803 

1804 

1805 

1806 

1807 

1808 

1809 

1810 

1811 

1812 

18i;j 

1814 

1815 

1HI6 

1HI7 

1B18 

1819 

1820 

1821 

1822 

1823 

1824 

1825 

12 


Exports. 


Barrels. 


57, 
48, 
45, 
36. 
55, 
84, 
69, 
66, 
63. 
50, 
85, 
75, 
76, 
89, 
56, 
64, 
57, 
18, 
54, 
34, 
44, 

2:J, 

18, 

36, 
3:5, 
44, 

66, 
87, 
7(!, 
69, 
75, 
72, 
70, 


426 
277 
440 
929 
999 


Kegs. 


558 
782 
827 
542 
38.8 
935 
819 
831 
482 
670 
615 
621 
957 
777 
674 
716 
6:56 

8:{:{ 

4:}6 

2:52 

228 

42t; 

119 

.56:5 

916 

429 

127 

728 

559  ' 

.572 


Value. 


Dollars. 


5,256 
7,a51 

6,  220 
15, 993 
12,403 
10,  424 
13, 229 
11,. 565 
V3,  045 

7,  207 
10, 155 
i;},  743 

3,036 
9,380 
5, 964 
9,  393 
3, 143 
568 
87 
;{,  062 
6,  9-':5 

15, .-.:.] 
7,400 
6,  746 
7,309 
4, 162 
7,191 

8,  :m9 

12,!MJ 
10,  636 


Imports. 


560, 000 
640,  000 
348,  000 
36«;,  000 
302, 000 
98,  000 
2.82,  000 
214,000 
305,  000 
146,000 
iB  1,000 
50,  000 
21^',  000 
221,000 
3i5,  000 
317,000 
409, 000 
5:58, «()(» 
264,  000 
249,  108 
270, 776 
•jt;::,  oi9 

248,417 


Barrels. 


1,  171 
1,726 
1,842 
6,011 
2,560 


178 
STATEMENT—ConilnuecI 


Year. 


Exports. 


Barrels. 


Kegs. 


Value. 


Imports - 


Dollars. 


Barrels. 


1326. 

18-27. 
1828. 
1829. 
1830. 
1831. 
1832. 
1833. 
1834. 
1835. 
1S36. 
1837. 
1838. 
1639. 
1840. 
1841. 
1842. 
1843. 
1844. 
1845. 
1846. 
1847. 
1848. 
1849. 
1850. 
1351. 


85, 445 
6G,  123 
63, 928 
61,629 
66, ]]3 
91,787 
102,770 
86, 442 
61,638 
51,66] 
48, 182 
40,516 
41,699 
23, 831 
42,274 
36, 508 
40,  846 
30, 544 
46. 170 
44,203 
57, 060 
31,361 
23, 7.36 
25, 835 
19, 944 
21,214 


11,4.59 
7,446 
4,205 
S,207 
6, 723 
8, 594 
4.030 
3,636 
2,344 
3,487 
3,575 
3.430 
2,667 
3,975 
2, 2,52 
3,  349 
4,559 


3,215 


257, 180 
240,276 
240, 737 
220.527 
225,987 
304,441 
308,812 
277,973 
223, 290 
224,639 
221,426 
181,334 
192, 7.58 
141,320 
179, 106 
148,973 
162,  326 
116,042 
197, 179 
208, 654 
230, 495 
136,221 
109,  315 
93,  085 
91,445 
113, 932 


1,342 

1,680 

955 

1,232 

2, 727 

7, 320 

2,400 

2,512 

3,747 

13,843 

14, 107 

7,910 

7,493 


25, 493 

18,013 

14,678 

12,334 

43, 542 

30, 506 

31,402 

31,113 

122,  .594 

138,508 

106,  300 

145,  368 


THE  MACKEREL  FISHERY. 

From  the  settlement  of  New  England  to  the  year  1S52. 

It  is  frequently  said  that  the  mackerel  fi.shery  is  of  very  recent  origin, 
or  that,  at  least,  vessels  were  not  employed  in  it  until  about  the  close  of 
the  la.st  or  the  beginning  of  the  present  century.  Both  suppositions  are 
entirely  erroneous.  The  Indians,  regardless  of  the  beautiful  form  and 
color  of  the  fish,  called  it  wavcwumiekeseag,  on  account  of  its  fatness. 
There  is  mention  of  it  in  the  earliest  records  of  the  country.  Winthrop 
relates  that,  in  1G33,  the  ship  Griffin,  two  days  before  her  arrival  at 
Boston,  lost  a  passenger  by  drowning,  as  he  was  casting  forth  a  line  to 
catch  mackerel.  The  first  settlers  must  have  commenced  the  fishery 
soon  after,  since — to  omit  several  minor  incidents — we  have  the  fact 
that  Allerton,  one  of  the  Pilgrims  who  came  over  in  the  Mayflower, 
received  mackerel  for  sale  at  New  Haven,  on  "half  profits,"  in  the  year 
1G53.  That  the  business  was  prosecuted  with  success  is  evident  from 
the  additional  fact,  that  in  1660  the  commissiono'-<'  nl  the  colonies  of 
New  England  recommended  to  the  general  court.*;  of  the  confederacy 
to  regulate  it,  "considering"  that  "the  fish  is  the  most  staple  com- 


179 

modity  of  this  countiy."  The  mackerel  fislicry  at  Cape  Cod  was  held 
by  the  government  of  the  colony  of  Pi3nnouth  as  public  property,  and 
its  profits  were  appropriated  to  public  uses.  The  records  show  that  it 
was  rented,  from  time  to  time,  to  individuals,  who  paid  stipulated  sums, 
and  that  a  part  of  tJtc  fund  to  support  the  Jirst  fcc-srhool  c.slahHshcd  hij 
our  Pilgnin  ftlhcrs  was  derived  from  it. 

The  proposition  to  found  and  endow  a  school  of  this  description 
seems  to  have  been  made  in  1G63,  but  not  to  have  been  adopted  until 
seven  j'cars  later,  when  the  general  court,  "upon  due  and  serious 
considera.lion,  did  freely  give  and  grant  all  such  profits  as  might  or 
shouhl  annually  accrue  to  the  colony,"  from  this  and  the  bass  and  her- 
ring fisheries,  at  tlie  same  place.  In  1689,  the  "  rent  of  the  Cape  fishery 
was  added  to  the  appropriation  for  magistrates'  salary  for  that  year." 

Exact  statements  as  to  the  progress  and  extent  of  the  mackerel 
fishery  previous  to  the  Revolution,  are  hardly  to  be  fiiund ;  but  it  is  still 
certain  that  the  people  of  Rhode  Island  and  Connecticut,  as  well  as 
those  of  Massachusetts,  were  "largely  concerned  in  it,"  and  that  fleets 
of"  sloops  employed  in  it  were  often  seen  upon  the  coast  and  in  the  har- 
bors. It  is  certain,  also,  that  about  the  year  1770,  the  town  of  Scituate, 
alone,  owned  upwards  of  thirty  vessels  that  were  annutdly  fitted  out 
as  "mackerel  catchers;"  and  that  the  whole  number  of  vessels  in 
Massachusetts  was  not  less  than  one  hundred.  Soon  after  the  peace  of 
1783,  a  writer  in  a  Boston  newspaper,  in  a  series  of  articles  on  Ameri- 
can commerce,  said  that  the  mackerel  fishery  "was  of  more  value  to 
Massachusetts  than  would  be  the  pearl  fisheries  of  Ceylon." 

There  is  little  of  interest  relating  to  this  branch  of  induslry  fir  sev- 
eral years  after  the  period  last  mentioned.  A  highly  respcctulile  ship- 
master, who  is  still  living,  entertains  the  opinion  that  the  fisher}^  in  ves- 
sels was  commenced  within  fifty  years;  and  that  "he  was  personally 
engaged  in  the  frst  regular  mackerel  voyage  ever  made  in  New  Eng- 
land." His  account,  as  related  to  me  by  himself,  would  occupy  too 
much  room.  Its  substance  is,  that,  engaged  in  the  coasting  business 
fi)r  some  time  between  Massachusetts  and  Maine,  he  commonly  saw 
and  caught  mackerel,  during  the  summer  months,  in  the  vicinity  of  the 
island  of  Mount  Desert;  that,  believing  that  they  might  be  talcen  in 
fjuantities,  he  resolved,  finally,  to  fit  out  a  vessel  for  the  express  pur- 
pose; that  his  success  was  even  greater  than  he  had  exp(;cted,  and 
that  others  were  induced  to  f()llow  his  example.  The  mistake  of"  this 
gentleman  probably  is,  that  what  he  considers  the  origin  of  the  vessel 
fishery  was  only  a  revival  of  it,  since  we  can  easily  imagine  that  re- 
peated losses  and  discouragements  had  caused  a  suspension  of"  it. 

The  accompanying  table  of  statistics  will  show  the  number  of  bar- 
rels inspcf'ted  aiuiually  in  Massachusetts  since  the  year  1S04,  and  also 
the  fluctuations  and  uncertainties  of"  the  fishery.  It  will  be  i^cvn,  that, 
commencing  with  a  catch  of  eight  thousand  barrels,  the  (|n,iiiiliv  was 
actuall}'  less  in  1S08,  and  during  the  three  years  of  the  war  ol"  1*^12; 
that  the  inspection  rose  to  two  hundred  and  thirty-six  ihousaiid  barrels 
in  1820,  and  deeliued  more  than  half  in  the  l()llo\\iug  year;  that,  again 
increasiuLj  in  f'^iJo,  and  agaiu  declining  until  ls2!),  there  was  a  eonsid- 
erabl(!  gain  in  1830,  aud  that  the  largest  "catch"  during  the  whok^  pe- 
riod which  it  embraces  was  in  1831,  when  the  (quantity  inspected  was 


180 

three  Imndred  and  eighty-three  thousand  barrels,  or  only  twenty  thou- 
sand barrels  less  than  the  aggregate  for  the  six  consecutive  years  ending 
in  1844. 

Legislation  in  behalf  of  this  fishery  has  been  extremely  limited.  Its 
legal  existence  as  a  branch  of  maritime  industry  does  not  appear  to 
have  been  so  much  as  recognised  by  the  government  of  the  United 
States  until  1828,  when  an  act  was  passed  by  Congress,  which  author- 
ized the  collectors  of  the  customs  to  issue  special  licenses  for  its  prose- 
cution, and  extended  to  the  vessels  employed  in  it  the  provisions  of  the 
laws  then  in  force  relative  to  enrolled  and  licensed  tonnage  generally. 
It  has  never  been  allowed  full  protection.  In  1824,  the  Comptroller  of 
the  Treasury  instructed  the  collectors  that  it  was  not  entitled  to  partici- 
pate in  the  bounty  or  allowance  granted  to  the  cod-fishery;  and  that  per- 
sons who  designed  to  claim  for  "  bounty-fishing,"  ought  not  to  be  per- 
mitted to  compute  the  time  and  voyages  in  which  their  vessels  caught 
both  cod  and  mackerel,  as  chance  or  circumstances  might  direct,  but 
such  time  and  voyages  only  as  were  exclusively  devoted  to  the  catching 
of  the  cod.  In  1832,  the  same  officer,  in  a  second  circular,  defining 
the  law  in  another  particular,  stated  that  a  vessel  under  a  mackerel 
license,  and  with  a  "permit  to  touch  and  trade"  at  a  foreign  port  where 
she  intended  to  procure  her  salt  lor  the  voyage,  having  but  a  single 
cable  and  anchor,  and  unable  to  purchase  additional  ground-tackle  in 
the  port  where  she  was  owned,  would  be  required,  on  her  return  to  the 
United  States  with  a  cable  and  an  anchor  obtained  in  her  necessity  at 
such  port,  to  pay  the  duties  thereon;  that  the  fish  caught  during  the 
voyage  would  not  be  entitled  to  bounty  on  exportation ;  and  that  "  it 
admitted  of  doubt  whether  such  fish  would  not  be  liable  to  duty."  To 
add,  that,  in  1836,  Congress  exempted  vessels  licensed  for  and  em- 
ployed in  this  fishery  from  forfeiture  or  penalty'-  for  catching  the  cod  or 
fish  of  any  other  description,  and  prohibited  the  payment  of  bounty  or 
allowance  to  such  vessels,  is  to  complete  a  notice  of  the  most  mate- 
rial laws  and  regulations  which  relate  to  it  at  the  present  time,  the  duty 
imposed  on  foreign  mackerel  imported  into  the  United  States  alone 
excepted. 

This  duty,  prior  to  the  tariff  of  1846,  was  specific  and  ample.  The 
protection  under  the  ad  valorem  system  then  introduced  (less  than  be- 
fore under  all  circumstances)  has  been,  and  must  continue  to  be,  often 
merely  nominal. 

The  modes  of  catching  the  mackerel  have  varied  with  time,  and  the 
real  or  supposed  changes  in  the  habits  of  the  fish.  The  original 
method  was  probably  in  seines,  and  in  the  night.  John  Prince  and 
Nathaniel  Bosworth  petitioned  the  general  court  of  the  colony  of 
Plymouth,  in  1671,  in  behalf  of  themselves  and  their  fellow-townsmen 
of  the  "  little  and  small  place  of  Hull,"  within  the  jurisdiction  of  Mas- 
sachusetts, to  be  allowed  to  continue  to  fish  for  mackerel  at  Cape  Cod; 
and  stated,  among  other  reasons,  that  they  and  others  of  Hull  were  some 
of  the  first  who  went  there  ;  and  that  by  "  beating  about  by  evening," 
and  "  travelling  on  the  shores  at  all  times  and  seasons,"  they  had  "(fw- 
cotered^the  way  to  take  them  in  light  as  well  a3  in  dark  nigktsy  This 
shows  the  practice  of  the  early  settlers.  The  court  of  Plymouth, 
however,  in  1684,  prohibited  "the  taking  mackerel  ashore  with  seines 


181 

or  nets,"  and  ordered  the  forfeiture  of  these  implement?,  and  the  ves- 
sels and  boats,  of  persons  who  violated  the  decree. 

The  mode  of  catching  by  "bobbing,"  or  with  "  (l3r-Hnes,"  is  said  to 
have  been  introduced  about  the  year  1803,  by  the  fishermen  of  Glou- 
cester: these  lines  are  still  in  use  at  sea.  The  course  of  our  fishermen 
in  pursuit  of  the  mackerel  is  commonly  and  substantially  as  fallows  : 
The  master  of  the  vessel,  after  reaching  some  well  known  resort  of  the 
fish,  fijrls  all  his  sails  except  the  mainsail,  brings  his  vessel's  bow  to 
the  wind,  ranges  his  crew  at  proper  intervals  along  one  of  her  sides, 
and,  without  a  mackerel  in  sight,  attempts  to  raise  a  school,  scool,  or  shoal, 
by  throwing  over  bait.  If  he  succeeds  to  his  wishes,  a  scene  ensues 
which  can  hardly  be  described,  but  which  it  were  W'orth  a  trip  to  the 
fishing  ground  to  witness.  I  have  heard  more  than  one  fisherman  say 
that  he  had  caught  sixty  mackerel  in  a  minute;  and  when  he  was  told 
that  at  that  rate  he  had  taken  thirty-six  hundred  in  an  hour,  and  that, 
with  another  person  as  expert,  he  would  catch  a  whole  fare  in  a  single 
day,  he  would  reject  the  figures,  as  proving  nothing  beyond  a  wish  to  un- 
dervalue his  skill.  Certain  it  is,  that  some  active  young  men  will  haul 
in  and  jerk  off"  a  fish,  and  thiow  out  the  line  for  another,  with  a  single 
motion  ;  and  repeat  the  act  in  so  rapid  succession,  that  their  arms  seem 
continually  on  the  swing.  To  be  "  high-fine,"*  is  an  object  of  earnest 
desire  among  the  ambitious ;  and  the  muscular  ease,  the  precision, 
and  adroitness  of  movement  which  such  men  exhibit  in  the  strife,  are 
admirable.  While  the  scool  remains  alongside  and  wall  take  the  hook, 
the  excitement  of  the  men  and  the  rushing  noise  of  the  fish,  in  theit 
beautiful  and  manifold  evolutions  in  the  water,  arrest  the  attention  ol 
the  most  careless  observer. 

Oftentimes  the  fishing  ceases  in  a  moment,  and  as  if  put  an  end  to 
by  magic  :  the  fish,  according  to  the  fishermen's  conceit,  panic-stricken 
by  the  dreadful  havoc  among  them,  suddenly  disappear  from  sight. 

Eight,  ten,  and  even  twelve  thousand  have  been  caught,  and  must 
now  b(;  "dressed  down."  This  process  covers  the  persons  of  the  crew, 
the  deck,  the  tubs,  and  everything  near,  with  blood  and  garbage;  and 
as  it  is  often  performed  in  darkness  and  weariness,  and  under  the  reac- 
tion oi'  overtasked  nerves,  the  novice  and  the  g(^nlleman  or  ama.teur 
fisher,  who  had  seen  and  participated  in  nothing  l)ut  keen  sport,  become 
<lisgusted.  They  ought  to  remember  that  in  the  recreations  of  man- 
hood, as  in  those  of  youth,  the  toil  of  hauling  the  hand-sled  up  hill  is 
g<-nerally  in  j>roportion  to  the  steepness  and  slipperiness  which  gave 
th(;  pleasurable  velocity  down. 

The  approach  of  night  or  \\ir.  disappearance  of  the  mackerel  closing 
all  labor  with  the  hook  and  line,  tlic  fish,  as  thcv  are  dressed,  are 
thrown  into  casks  of  water  to  lid  them  (»f  blood.  Tiic  deck  is  then 
cleared  and  washed;  the  mainsail  is  hauled  (h)\vn,  and  the  foresail  is 
hoisted  in  its  stead;  a  lantern  is  jjlaced  in  the  rigging;  a  watch  is  S(U  to 
salt  the  fish  and  keep  a,  lookout  fi»r  the  night;  and  the  master  and  the 
remainder  of  the  crew  at  a  late  hour  seek  repose.  The  earliest  gh^ams 
of  fight  find  the  anxious  master  awake,  hurrying  forward  |)reparati()ns 
for  the  morning's  meal,  and  making  other  arrangements  fiir  a  renewal 


•To  cjitcli  the  grr-atcBf.  uuinbor  of  finh. 


182 

of  the  previous  day's  work.  But  the  means  which  were  so  successful 
then  fail  now,  and  perhaps  for  days  to  come;  for  the  capricious  crea- 
tures will  not  take  the  hook,  nor  can  all  the  art  of  the  most  sagacious 
and  experienced  induce  them  to  bite. 

Repeating,  however,  essentialtythe  operations  which  I  have  described, 
from  time  to  time,  and  until  a  cargo  has  been  obtained,  or  until  the 
master  becomes  discouraged,  or  his  provisions  have  been  consumed, 
the  vessel  returns  to  port  and  hauls  in  at  the  inspector's  wharf,  where 
the  fish,  many  or  few,  are  landed,  sorted  into  three  qualities,  weighed, 
repacked,  resalted,  and  repickled.  In  two  or  three  days  she  is  refitted, 
and  on  her  way  to  the  fishing  ground  for  a  second  fare.  Meantime  the 
owner,  and  all  others  who  inquire  "Avhat  luck?"  learn  from  some  wise 
"  old  salt"  (and  there  is  always  a  Sir  Oracle  on  board)  how  much  Jcnowl- 
edge  the  mackerel  have  acquired  since  the  previous  season.  Having 
been  thus  employed  until  the  cold  weather  approaches,  the  smaller 
vessels  haul  up,  and  their  "skippers"  pass  the  winter  in  cracking  nuts, 
relating  stones,  and  accounting  for  bad  voyages  or  boasting  of  good 
ones;  while  the  larger  vessels  go  south,  and  engage  in  freighting. 

The  bait,  which  1  have  said  is  thrown  overboard  to  attract  the  fish 
to  the  surf  ice,  is  usually  composed  of  small  mackerel  or  salted  herrings 
cut  in  small  pieces.  As  economy  and  success  alike  require  a  careliii 
use  of  it,  the  masier  seldom  allows  other  hands  than  his  o\^m  to  dispose 
of  it.  It  was  formci-ly  the  duty  of  the  man  who  kept  the  watch  on  deck 
in  the  night  to  cut  the  bait  on  a  block;  but  the  hait-mill  has  taken  place 
of  this  noisy  and  tedious  process.  Nothing,  certainly,  in  the  time  of  any 
fisherman  now  living,  has  occasioned  so  much  joy  as  its  introduction. 
This  labor-saving,  sleep-promoting  machine,  as  constructed  at  first,  was 
extremely  simple.  It  was  a  box  which  was  made  to  stand  on  end,  and 
had  a  crank  projecting  through  its  side ;  while  internally  it  had  a  wooden 
roller  armed  with  small  knives,  in  rows,  so  arranged  that  when  the 
roller  was  turned,  the  fish  to  be  gi'ound  or  cut  up  should  undergo  the  oper- 
ation by  coming  between  these  rows  of  knives  and  others  which  were 
arranged  along  a.  board  that  sloped  towards  the  bottom.  It  has  been 
impi'oved  in  firm  and  efficienc}",  and  is  in  common  use. 

The  superiority  of  sound,  strong,  and  weil-furnished  vessels  over 
those  of  opposite  qualities,  may  seem  too  apparent  to  require  a  word  of 
notice.  Many  poor  ones  are  nevertheless  employed,  and  so  are  poor 
masters ;  but  the  misplaced  economy  of  trusting  either  is  becoming  so 
perceptible,  that  their  number  is  rapidly  diminishing.  Yet  I  may  be 
pardoned  fjr  relating  a  single  fict,- illustrative  of  the  lolly  of  retaining 
in  use  a  solitary  vessel  that  ought  to  be,  or  one  master  that  seeks  to  be, 
in  a  harbor  during  any  of  the  gales  which  occur  on  our  coast  before 
the  equinox.  A  tew  years  ago,  between  Mount  Desert  and  Cape  Sable, 
there  were  one  day  three  hundred  vessels  in  sight  of  each  other ;  and, 
as  was  judged,  they  were  mostly  mackerel  catchers,  meeting  with  more 
than  the  average  success.  The  moderate  breeze  ot"  the  morning  fresh- 
ened towards  noon,  and  as  night  approached  there  were  strong  indica- 
tions of  a  storm.  A  movenient  was  soon  perceptible  throughout  the 
fleet,  and  it  finally  scattered  and  sailed  away.  The  staunch  vessels 
which  were  controlled  by  stout  hearts  sought  an  oifing;  but  the  rest, 
the  shelter  ot  the  nearest  ha.vens.     Two  thousand  men,  probably,  wer© 


183 

tnus  iiueriTipleu  u.  iioir  employment;  but  rnnik  the  issue:  the  vessels 
that  kept  thtnr  positions  under  their  storm-trimmed  ibresails  eseaped. 
unharmed,  and  resumed  their  business  early  the  next  day ;  while  the 
refugees  were  seen  no  more  for  four  days,  two  of  whieh  were  excellent 
for  fishing,  and  during  that  time  many  vessels  caught  from  a  quarter  to 
a  third  part  of  a  lull  iLire. 

What  has  been  said  of  the  operations  on  board,  of  a  mackerel-catcher 
at  sea  is  to  be  received  as  giMieral  only,  since  circumstances  modify 
and  change  the  ordinary  course,  and  since,  too,  some  masters  adopt 
means  to  suit  their  peculiar  whims  and  fancies.* 

As  being  more  minute  in  some  particulars,  and  somewhat  different 
in  others,  I  insert  the  remarks  of  Captain  McLaughlin,  of  Grand 
Menan,  as  contained  in  Mr.  Ptrley's  excellent  report  upon  the  fisheries 
of  A'ew  Brunswick,  in  1S51.  The  captain  professes  to  give  the  mode 
of  proceedings  on  board  of  American  vessels  in  the  Gulf  of  St.  Law- 
rence and  the  Bav  Chaleurs,  and  states  that  his  observations  are  the 
result  ot  ten  years'  expenence  m  the  fishery.  "The  vessel,"  sa5^s  he, 
"starts  for  the  fishing  ground  with  the  trail-line  out:  if  it  catch  a 
mackerel,  the  vessel  is  hove-to  on  the  larboard  side.  The  baiter  stands 
amidships,  with  the  bait-box  outside  the  rail:  with  a  tin  pint  nailed  to 
a  long  handle  he  begins  throwing  out  bait,  while  every  man  stands' 
to  his  berth.  If  they  find  mackerel,  the  foresail  is  taken  in,  and  the 
mainsail  hauled  out  with  a  boom-tackle.  Then  the  fishing  begins. 
You  haul  your  line  through  the  left  hand  with  the  right,  and  not  hand- 
over-hand as  3^ou  do  lor  cod:  if  you  do,  you  are  sure  to  lose  your  fish 
after  it  breaks  w^ater.  When  your  fish  is  near  coming  in,  you  must 
take  it  by  leaning  over  the  rail,  to  prevent  its  striking  against  the  side 
of  the  vessel,  catching  the  line  quick,  close  to  the  fish,  with  the  right 
hand,  unhooking  it,  with  a  sling,  into  the  barrel:  with  the  same  motion, 
theyVo-  goes  out  in  a  line  parallel  with  3'our  own  berth.  You  must  be 
quick  in  case  a  mackerel  takes  3'our  other  line,  and  entangles  your 

*  The  British  mackerel  fishery  is  unlike  ours  iu  several  paiticulars.  The  vessels  employed 
in  it  are  smallor,  nets  are  in  more  common  use,  and  a  much  larger  proportion  of  the  fish 
caught  are  consumed  fresh. 

The  average  mnnl)er  of  fresh  mackerel  sold  in  London  is  upv/ards  of  one  million  £,nnually. 
This  fish  was  first  allowed  to  be  cried  throiiudi  the  streers  of  that  city  on  Sundays  in  \(\9<;  and 
the  year  following,  Billingsgate,  by  act  of  Parliitment,  was  opened  as  a  free  market,  with  pei  inis- 
eion  to  the  fishmongers  to  sell  mackerel  on  Sundays,  previous  to  the  performance  of  divine 
service. 

The  Ixmdon  market  sometimes  allows  tlie  fishemien  to  receive  liberal  reward  for  their  toil. 
In  May,  IrfOT,  the  first  boat-Uad  of  mackerel  sent  tlu'ro  sold  at  forty  guineas  tlu"  himdred,  or 
for  seven  shillinirs  each,  (the  count  is  six  iM-<nr  to  the  hundred:)  iiu  1  tlie  second  fare  brought 
thiifccn  ijuini-as  the  hmidred.  But  iu  I>^I)h,  tlie  ]trice  on  the  coasr,  so  large  was  tiie  catch,  was 
one  shilling  only  for  si.xty  fi.sh.  Airain,  in  IH'iS,  th(!  snjiply  was  large,  and  more  than  thre»i 
millions  were  sent  to  Lomlon.  In  ]f':Jl,  the  crews  of  sixteen  iioats  caunht  in  a  single  day 
mackerel  which  sold  for  £.'),2.')"i,  or  aiiout  twenty-five  thousand  dollars.  Tu'o  years  later, 
lfl,Sf)fl  fish  weri'  brought  on  .shore  on  Sinidjiy  l>y  the  crew  of  one  Inmt.  Iu  IS'.M,  a  crew  earned 
in  one  night  upwards  of  five  himdred  d«dlars. 

The  English  fishnieruieu  ujake  frequent  coui|ila)nts  against  tiu-ir  fVench  competitors,  and 
petition  to  Parliament  for  protection.  A  luiickerel  iioat,  with  suitable  nets  and  other  eqnip- 
ments,  may  lie  estimated  to  eost  about  two  tiiousauil  dollars. 

The  Freneh  mackerel  fi.shery  was  establishril  by  l'orii|uet,  near  the  close  of  the  seventeenth 
century,  prineipally  at  Belleish!,  on  the  coast  of  Biittaniiy.  It  has  never  acquired  itreat  im- 
poitance.  Tlie  niimlier  of  vessels  fnini  Dieppe  (a  large  fishing  port)  in  1*31)  was  only  forty- 
five,  and  the  caJch  vas  valued  at  'J-iiti.OOU  livrca. 


184 

comrade's.  You  fish  with  two  lines,  most  commonly  seven  fathoms 
long — that  is,  in  heavy  weather.  In  calm  weather,  the  jigs  are  lighter 
than  when  it  blows  hard.  There  is  an  eye  spliced  at  the  end  of  the 
line,  so  that  the  jig  may  be  shifted  at  pleasure.  There  are  two  other 
lines  used,  called  fly-lines,  with  smaller  hooks:  when  mackerel  are  shy 
in  biting,  they  will  often  take  these.  The  fly-lines  are  only  three 
fathoms  long.  Very  often  the  mackerel  stop  biting.  Then  the  fisher- 
men take  the  gaffs,  and  work  with  these  until  the  fish  disappear.  The 
gaffs  must  not  be  used  while  the  lines  are  out,  as  they  entangle  them, 
and  cause  great  trouble.  No  man  must  leave  the  rail  to  pick  up  fish 
which  miss  his  barrel  and  fall  on  the  deck,  until  the  fishing  is  over. 
You  must  take  care  to  dress  your  mackerel  quickly,  as  they  are  a  fish 
that  is  easily  tainted.  When  you  stop  fishing,  the  captain  or  mate 
counts  the  fish,  and  notes  down  in  the  fish-book  what  each  man  has 
caught.  Then  the  crew  goes  to  dressing  and  splitting.  The  sphtter 
has  a  mitten  on  the  left  hand,  to  keep  the  fish  steady  to  the  knife.  Two 
men  gib  the  fish,  with  mittens  on,  to  prevent  the  bones  scratching  their 
hands.  One  man  hands  up  the  fish  to  the  splitter,  while  the  rest  of  the 
crew  draw  w^ater  to  fill  the  barrels  in  which  the  fish  are  put  to  soak. 
The  fish  are  put  in  the  soak-barrels  back  up.  In  a  short  time  the 
water  is  shifted,  and  the  fish  washed  out  for  salting.  The  Salter 
sprinkles  a  handful  of  salt  in  the  bottom  of  the  barrel,  then  takes  the 
fish  in  his  right  hand,  rolls  them  in  salt,  and  places  them  skin  down  in 
the  barrel  until  he  comes  to  the  top  layer,  which  he  lays  skin  up,  cov- 
ering the  top  well  with  salt.  Herring  or  small  mackerel  are  the  best 
bait  that  can  be  used.  These  are  ground  in  a  bait-mill  by  the  watch 
at  night:  if  the  vessel  has  no  bait-mill,  the  fish  are  chopped  up  with  a 
hatchet,  or  scalded  with  boiling  water  in  a  barrel  or  tub.  When  there 
is  a  fleet  of  mackerel-vessels  fishing,  they  often  lee-bow  each  other — 
that  is,  run  ahead  of  one  another — and  so  draw  the  fish  towards  the 
shore.  There  they  anchor,  and  put  springs  on  their  cables,  which  is 
done  by  taking  a  strap  outside  the  hawse-hole  and  fastening  it  to  the 
cable,  then  hooking  it  to  a  tackle,  and  hauling  it  aft,  at  the  same  time 
paying  out  the  cable.  This  brings  the  vessel  brotulside  to  the  wind  or 
current,  and  the  fishing  goes  on.  Boats  may  fish  with  the  same  success 
as  vessels  when  moored  in  this  manner.  This  is  the  whole  system  of 
mackerel  fishing,  British  or  American,  and  requires  nothing  but  activity 
and  energy." 

As  already  intimated,  the  mackerel  is  a  capricious  and  sportive  fish, 
and  continually  changing  its  haunts  and  habits.  .When  first  seen  upon 
the  coast  in  the  spring,  it  is  thin  and  poor.  It  differs  essentially,  from 
one  season  to  another,  in  size  and  quality.  One  year  it  is  fat  and  large, 
and  is  sought  for  almost  entirely  in  the  Bay  Chaleurs;  anon  it  is  lean 
and  small,  deserts  that  bay  and  the  adjacent  waters,  and  frequents 
George's  Banks,  or  our  own  shores.*     Sometimes,  our  Avhole  fleet  seek 

*  Paul  Crowell,  in  a  report  on  the  fisheries  of  Nova  Scotia,  February,  1852,  remarks  r 
"  The  mackerel  in  the  sprhig  generally  strike  the  south  j)art  of  Nova  Scotia.  From  the  18t4i 
to  the  25th  of  May  they  come  from  the  southward,  falling  in  with  the  Nantucket  and  St. 
George's  Shoal ;  a  large  quantity  come  through  the  South  Channel,  and,  when  abreast  of  Cape 
Cofl,  shape  their  course  towards  the  soirth  coast  of  Nova  Scotia.  Being  bound  to  Boston  this 
Bpring,  about  the  18th  of  May,  I  met  large  schools  of  mackerel,  about  fifry  or  sixty,  to  tha 


185 

it  in  vain  in  eveiy  American  sea;  at  others,  it  is  so  voracious  as  to  leap 
from  the  water  when  hnvd  by  a.  red  rat?,  or  attracted  by  flies  ;ind  other 
insects.  Some  fishermen  entertain  very  strange  conceits  with  regard 
to  it,  and  aver  that  "it  knows  as  much  as  a  man."  Under  ordinaiy 
circumstances,  our  vessels  pursue  it  north  and  cast,  as  the  season  ad- 
vances; "make  fares"  in  the  Bay  of  Fundy  in  July  and  August;  in 
the  ]i;iy  Chnleurs  in  v>eptember;  and  sometimes  in  the  latter  bay  and 
in  the  Gulf  of  St.  Lawrence  in  the  month  of  October.  More  fr(Y|U(ntly, 
however,  they  are  following  it  on  its  return  west  and  south,  belbre  the 
equinoctial  gale. 

Of  the  fishery  in  the  waters  of  New  England  there  is  mention,  as 
we  have  seen — incident.illv — in  the  earliest  records.  The  visits  ot  the 
vast  scools  occurred,  probably,  at  intervals,  as  at  present.     Winthiop 

westward  of  South  Seal  island ;  they  appeared  to  be  comiug  from  Cape  Cod,  until  nearly  over 
to  the  Cape.  Their  course  may  occasionally  vary  in  consequence  of  strong  southerly  and 
northerly  winds ;  they  generally  fall  in  on  the  coast  to  the  westward  a  few  days  before  they  do 
at  Cansi)  and  Cape  Breton.  The  chief  places  for  netting  and  seining  mackerel  in  the  spring 
are  the  Tusket  island*,  the  west  side  of  Cape  Sable,  east  side  of  Margaret's  bay,  Little 
Harbor,  ^\^lite  Head,  St.  Peter's  in  Cape  Breton,  Antigonish,  and  several  other  j)luces.  As 
there  is  no  doubt  but  that  the  mackerel  are  bound  to  the  Bay  Chaleurs  for  the  purpose  of 
spawning,  it  would  lead  us  to  believe  that  when  one  fisli  is  taken  with  the  net  or  seine,  thousands 
are  destroyed  which  would  otherwise  likely  come  to  maturity.  Could  the  practice  of  taking 
the  fish  with  their  spawn  be  abolished,  it  is  likely  they  would  be  much  more  abundant.  The 
mackerel,  after  passiug  the  south  coast  of  Nova  Scotia,  proceed  to  the  northward,  through  the 
Straits  of  Canso,  and  to  the  eastward  of  Cape  Breton,  making  their  way  northwardly  until  they 
are  up  with  Shippegan,  Bradelle  Bank,  Gaspe,  Seven  Islands.  tScc.  After  having  spawned, 
they  continue  about  those  places  as  their  feeding  ground,  there  being  large  quantities  of  lauta 
there,  whi<-h  they  feed  upon,  and  consequently  become  fat. 

"As  the  season  advances,  about  the  month  of  October  the  fish  begin  to  make  their  way  to 
tJie  southward,  and  continue  to  do  so  until  the  latter  part  of  November.  The  practice  of  taking 
mackerel  with  the  hook  and  line  has  not  been  long  in  operation  in  Nova  Scotia,  and  I  believe 
there  never  has  been  a  voyage  made  with  the  hook  and  line  on  the  southern  coast  of  Nova 
Scotia  except  at  Sable  i.sland,  where  there  have  been  some  good  voyages  made.  The  fish  which 
resort  here  are  of  a  difterent  quality  from  those  which  go  to  the  Bay  de  Chaleurs,  being  much 
larger  and  fatter.  In  1850  the  fish  were  plenty  and  took  the  hook  well,  but  in  lf;5]  the  fish 
ai)peared  at  times  to  be  abundant,  but  would  not  take  the  hook.  Mackerel  here  feed  in 
shallow  water,  within  the  bars  or  shoal  edges  of  sand  which  extend  in  difierent  ])hices  near  the 
i.sland.  The  vessels,  when  employed  in  the  niiickerel  fishery  here,  lie  at  anchor  in  about  six 
or  seven  fathoms  water,  and  I  am  informed  that  mackerel  have  been  discovered  from  the  mast- 
heads of  these  vessels,  lying  within  the  ridges  of  sand.  They  are  chiefly  taken  in  boats  or 
flats,  which  go  over  the  ridges,  wlien  they  sometimes  appear  to  be  lying  on  the  bottom.  Was 
there  a  light-house  erected  on  the  northwest  end  of  the  island,  I  think  it  would  be  of  great 
service  to  those  who  tend  the  mackerel  fishery,  as  they  often  have  to  cross  the  northwest  bar 
when  they  cannot  ascertain  the  distance  from  the  island.  As  the  season  advances  the  weather 
becomes  changeable,  and  the  bars  being  dangerous  to  cross  in  rough  weather,  our  vessels 
mostly  leave  after  the  last  of  September.  The  American  vt>ssels  which  fit  out  for  the  hook 
fisheries  are  of  a  superior  class  to  those  in  Nova  Scotia.  Their  toiniagt;  is  generally  from  sixty 
to  one  hundred  and  thirty  tons,  very  shiirp  built,  well  fitted  in  every  respect;  those  they  term 
the  Sliarp-shooters  are  very  superior  sailing  vessels.  This  enables  them  to  reaeii  the  fishing 
ground  and  j)rocure  their  cargo  while  those  of  Nova  Scotia  are  actually  ciirrying  sail  to  reach 
the  fishing  ground.  Those  vessels  are  likewise  well  uuinned,  carrying  from  twelve  to  twenty- 
four  men  ;  nuiking  an  avenige,  probtibly,  of  about  fifteen  or  sixt<'en  men  to  each  vessel.  In 
l"(r>l  I  was  informed  there  were  about  tmc,  thousand  sail  of  Amei-ican  vessels,  Hhich,  with  an 
average  of  fifteen  men,  would  give  fifteen  thousand.  Souk-  of  tliese  vessels,  I  heard,  made 
three  tri[)s  in  (Jhaleurs  btiy  for  mackerel.  Some,  after  having  made  one  or  two  trii)s  or  fares 
of  codfish,  |)roceed  to  the  I5ay  Chideurs,  well  fitted,  taking  sutlicieiit  barrels  to  cure  tlieir  fish 
in.  These  are  partly  filled  with  iiieuliiKlen  and  (•Iniiis,  which  are  considered  the  iiest  bait  fiir 
mackerel;  others  are  filled  with  Kalt  iJiid  water,  which  niiike  ballast.  When  required  for  use, 
they  are  emptied  of  their  coiileni.s  and  filled  witli  mackerel;  this  keeps  their  \essels  in  good 
ballast.  'J'liey  generally  commence  their  fisiiing  ahmit  liradelle  Bank,  Shijqiegan,  and  follow 
the  fish  Dortlierly,  until  llie  season  advances,  when  they  return  to  the  north  side  of  i'riuce 
Edward  Island,  and  Cape  Breton." 


186 

relates,  under  date  of  1G39,  that  there  "was  such  a  store  of  exceeding 
large  and  fat  mackerel  upon  our  coasts  this  season,  as  was  a  great 
benefit  to  all  our  plantations,"  and  that  "one  boat,  with  three  men, 
would  take  in  a  week  ten  hogsheads,  which  were  sold  at  Connecticut 
for  £S  12s.  the  hogshead."  And  it  seems,  from  equally  authentic 
sources,  that  similar  "stores"  relieved  the  "plantations,"  occasionally, 
at  subsequent  periods.  In  Maine,  we  have  an  account  of  a  boat  fishery 
previous  to  the  year  1648.  During  the  first  half  of  the  last  century, 
there  are  statements  which  show  that  a  single  vessel,  fishing  in  Massa- 
chusetts bay,  often  took  eight  hundred  barrels  in  a  season.  In  our  own 
day  it  has  happened,  on  the  sudden  appearance  of  a  scool,  after  a  lapse 
of  3^ears,  that  landsmen,  women,  and  children,  abandoned  their  accus- 
tomed employments  to  fsh  with  pans,  baskets,  trays,  pitchforks,  and  the 
like,  and  to  prove  how  true  it  is  that  "necessity  is  the  mother  of  inven- 
tion." So,  too,  our  fishermen,  professionally  equipped,  even  to  the  ile- 
sutc  and  sou'-wcster,  recall  many  an  exciting  scene  between,  and  off,  the 
capes  of  Massachusetts,  within  the  last  twenty-five  years.  Thus,  in 
1S26,  one  hundred  and  fifty  vessels  and  boats  sailed  from  Gloucester 
in  one  day,  to  hook,  seine,  or  gaff,  as  circumstances  should  require,  the 
mass  of  fish  that  appeared  near  the  harbor  of  that  port;  in  1831,  one 
hundred  thousand  barrels  were  caught  in  fifteen  days;  in  1845,  large 
quantities  were  secured  from  wharves  and  rocks,  in  boats  and  on  rafts, 
in  nets  and  cloths,  by  dipping  and  spearing;  in  1847,  "a  store,  exceed- 
ing large  and  fat,"  were  seen  at  sea,  off  Cape  Cod,  where  boats  could 
not  safely  follow,  and,  in  the  absence  of  a  considerable  part  of  the  ves- 
sels at  the  Ba}^  Chaleurs,  most  were  suffered  to  escape ;  in  1848,  a  fleet 
of  six  hundred  vessels  and  boats  caught  twelve  thousand  barrels  in 
one  day,  and  fifty  thousand  barrels  in  twelve  days;  and  in  1849,  the 
success  of  a  smaller  number  of  vessels,  though  much  less,  was  yet 
sufficient  to  retrieve  the  losses  of  other  and  more  distant  fishing  grounds 
in  the  early  part  of  that  season. 

Serious  depressions  and  ruinous  losses  in  the  mackerel  fishery  are 
not  uncommon.  Success  does  not  depend  on  skill  and  industry  alone. 
The  best  masters  make  "broken  voyages,"  for  the  obvious  reason  that 
the  mackerel  does  not  always  appear  in  sufficient  numbers  in  any  of 
the  seas  or  bays  of  New  England,  or  of  British  America.  The  fishery 
fails  one  year  at  home,  a  second  in  the  Bay  of  Chaleurs,  and  a  third 
everywhere.  Seasons  occur  when  those  engaged  in  it  lose  the  use  and 
outfits  of  their  vessels,  and  the  wages  of  their  men.  Sometimes  the 
quality  of  the  fish  is  so  poor,  that  an  average  "catch"  affords  no  profit; 
at  others,  the  success  of  the  British  colonists  gluts  our  markets.  Mean- 
time, the  most  enterprising  masters  and  owners,  discouraged  by  repeated 
disappointments  and  losses,  abandon  the  business,  and  suffer  their 
wharves  and  packing-houses  to  go  to  decay. 

In  1851  the  fishermen  were  fortunate.  The  number  of  vessels  em- 
ployed in  Massachusetts  was  eight  hundred  and  fifty-three.  The  fishery 
in  our  own  waters,  and  in  the  colonial  bays,  was  alike  successful;  and 
these  vessels,  with  eighty-seven  others,  owned  in  other  States,  but  whose 
fish  were  inspected  in  Massachusetts,  caught  three  hundred  and  twenty- 
nine  thousand  barrels. 


187 


Tlie   following   slntih^lic;!]   iniormation,  which  rohitos   to  these  nine 
Imndred  and  forty  vessels,  is  d(M-ived  from  returns  made  to  the  inspector 


general  of  fish 


Whei'e  owTicd. 


Boston 

Beverly 

Barnstable 

Brewster 

Charlestown 

Chatham 

Cohasset 

Dartmonth 

Dennis 

Easlham 

Essex 

Gloucester 

Harwick 

Hingham 

Lynn 

Manchester 

Marblehead 

Martha's  \'ineyard 

Nantucket 

Newbury  port , 

Orleans 

Pl}^  mouth 

Provincetown. . . . 

Kockport 

Salem 

Scituate 

Salisbury 

Truro 

WellHeet 

Yarmouth 

Maine 

New  Hampshire.  . 

Rhode  Ishirid 

Connect  i<nt 

Maryhi  nd 


Number  of 

vessels. 


7 
12 

28 
4 
2 

19 

44 

1 

47 

3 

1 

241 

48 

37 

4 

1 

1 

6 

3 

G7 

5 

6 

GO 

43 

1 

13 

4 

52 

79 

14 


Tonnage. 


596 

761 
1,918 

259 

74 

1,346 

2,885 

117 
3,096 

170 

71 

13,639 

3,231 

2,492 

161 
45 
30 

420 

168 
4,343 

336 

561 

4,332 

1,527 

80 

715 

305 
3,026 
5,411 

990 


Numlier  men 
and  bovs. 


85 
97 

339 
47 
14 

230 

561 
16 

585 

23 

10 

2,326 

577 

491 

33 

3 

5 

65 

30 

707 
54 
65 

688 

283 
9 

119 

4§ 
581 
852 

169 


853 

53,705 

9,112 

47 

3,019 

446 

8 

515 

84 

7 

479 

71 

23 

1,551 

255 

'2 

1  II 

25 

940 


59,410 


9,993 


188 

It  will  be  seen,  that  while  more  than  one  half  of  the  Massachusetts 
vessels,  in  1851,  were  owned  in  four  towns,  more  than  one  quarter  be- 
longed to  the  single  port  of  Gloucester.  At  present,  Gloucester  is  the 
great  mackerel  market  of  the  country,  and  the  merchants  of  many  of 
the  principal  cities  have  agents  there  to  purchase  and  ship  for  them. 
Twenty  years  ago,  Gloucester  employed  but  about  sixty  vessels  in  the 
fishery;  and  such  are  the  uncertainties  and  fluctuations  of  the  business, 
that  its  decline  may  be  as  rapid  as  has  been  its  increase. 


189 

Statistics  of  the  mackerel  fishery  of  the  United  States, 


Years. 


Tonnajie  em- 
ployed. 


Mackerel  inspected. 


luMassachu-    lu  N.  Ilamp- 
setts.  Khire. 


1804.. 
1805  .. 
1806. . 

1807  .  - 

1808  . . 

1809  . . 
1810.. 

1811  .. 

1812  . . 
1813.. 
1814  .. 
1815.. 
1816.. 
1817  . . 
1818.. 
1819.. 
1820., 

1821  .. 

1822  . 
1823. 

1824  - 

1825  . 

1826  . 
1827. 
1828. 

829. 

1830  . 

1831  . 

1832  . 
1833. 

1834  . 

1835  . 
1836. 
1837. 
1838. 
1839. 
1840. 
1841  . 
1842. 
1843. 
1844. 
1845. 
1846. 

1847  . 

1848  , 
1849 
18.50 
1851 
1852 


48, 725 


46,811 
56, 649 


28, 269 
11,321 
16,096 
11,775 
16, 170 
21,413 
'M,  463 
31,451 
43,  .558 
42, 942 
5H,  112 
*  50, 539 


Barrels. 

8,  079 

8,  9:M) 

8,  473 

10, 904 

7, 738 

8,865 

13, 0.58 

19, 632 

5,018 

3, 8:}2 

1,349 

16,  394 

30, 021 

37,  982 

47, 210 

105, 433 

236, 243 

111,009 

160, 294 

145, 006 

191,6.50 

254,  381 

158, 740 

190.310 

237, 324 

225,  8,82 

308,  462 

383, 5.59 

212, 452 

212, 946 

2.52,  884 

194,450 

170,931 

138, 157 

108,  538 

73,018 

50,  992 

55,  537 

75, 543 

64,451 

86,  IHl 

202, 302 

174,  (H')4 

232,  .5M1 

30(1,  130 

231,  H56 


329, 242 
197, 76« 


Barrels. 


20, 3000 

21,450 

21,700 

19,  375 

18,200 

15,  300 

9,  4,50 

5, 225 

3,  420 

700 

630 

1,100 

1,050 

1,  175 

1,240 

1,075 

1 ,  369 

2,  r)(i8 

2,  400 
2, 8<i7 
3, 125 

3,  073 
2,140 


lu  Maine. 


Barrels. 


33,  065 


40, 661 


25, 228 
22, 462 
24, 312 


31,  172 


•  Maine,  9,  8.58 ;  NVw  llaiiipHhire,  481;  Massachusetts    39,416;  Rhode  I^laud,  190;  Con- 
necticut, 594.    Total,  50,  539. 


190 

Annvol  return  of  the  manher  of  hurrcis,  halves,  quarters,  and  eighths  oflar- 
rels  (f  macl'crcl  and  other  pickled  fish,  estimated  in  barrels,  inspected  in 
Massachusetts,  for  the  year  ending  December  31,  1852,  as  jJcr  the  returns 
of  the  deputij  inspectors  now  in  the  office  of  the  inspector  general. 


Where  inspected. 


Number  of 
barrels. 


Boston 

Gloucester  . . . 

Beverly 

Eockport 

Newburypoit . 
Provincetown 

Truro  

Wellfleet 

Chatham 

Harmch 

Dennis 

Yarmouth 

Barnstable  . . . 

Hinghara 

Cohasset 

Plymouth 

Salem 


The  above  includes  all  except  two  returns  from  Proviuccto\vn  and  one  from 
Scituate,  estimated  at 


Total,  1852. 
Reinspected  at  Boston  . . . 


All  other  kinds  of  pickled  fish. 


Total  ajiiouut  of  mackerel  inspected  in  18.j2 
Total  amount  of  mackei'el  inspected  in  1851 

Decrease  of  1852  from  1851  . . 


39,  891| 
48,0]2-| 
3660 
5,  345.^ 
11,806 
17, 640 
2, 5401 
ll,367.i 
5, 769:^ 
9, 147f 
10,  290.^ 
3, 235^ 
3, 198f 
13, 133j 
11,616^ 
67 
14 


196, 768^ 

1,000 


197, 768i 
19, 771 J 


317, 540f 


9,254 


197,768i 
329, 278 


131,509i 


191 

Statistics  of  foreign  mnrlcrd  imported  into  and  exported  from  the  United 
States,  and  of  dried  codfish  imported  into  the  name. 


Mackerel. 

Codfish. 

Year. 

Imported  into 
the  United 

States. 

Exported  from 
the     Uiiited 
States. 

IiiiporlLMl. 

Barrels. 

Barrels. 

Quintals. 

Vakie. 

1821 

7 

387 

67 

790 

242 

87 

39 

38 

95 

391 

4,  .552 

32 

20 

223 

8, 1.53 

6,037 

1,256 

182 

7,  046 

11,823 

10,887 

1822 

do. 

1823 

do 

18-^4 

do... 

1825 

do 

1826 

do 

1827 

do             

1828 

do             

1829 

do 

1830 

do             

1831 

do ! 

1832 

do            1 

1833 

do      ...  1 

1834 

1 

1335 .     . 

850 
937 
850 

1836 

1837 

1838 

1839 

4,295 
4,  061 
2, 433 

$24, 303  00 

1840 

19,:i.55  00 

1841 

19,262  GO 

1842 

1843 

1<44 

1846 

1847 

1848 

1S49 

138, 505 
75, 491 
102, 63.8 

23, 295 
13,  .577 
18, 240 

22, 520 
25,115 
14,705 

43,709  00 

1-50 

45,961  00 

1851 

27,769  00 

THE  HEKlilXG  FISHERY. 
From  its  commc7icctncnt  to  the  year  1S52. 
Wc  liear  of  thi.s  fishery  among  the  Pilgrim.'^.*     In  1041  tlicy  rented 


*  In  the  rsign  of  James  I,  of  Scotland,  we  find  mention  of  the  cnstom  or  duty  on  the  export- 
ation of  hcrring.s — a  j)nii(f  iliar  tin-  fLslicry  had  ilu-n  attained  to  importance  in  Greut  iJritain. 
We  leant,  too,  that  thi-  EnglLsh,  tliinkinc  it  (H.-^Kraccfid  that  the  l)ntcii,  their  rivals  in  com- 
merce, siiouid  derive  so  nnicii  wealth  from  the  coasts  of  Ent'land,  set  ahout  prosrciitinjj  tho 
heiTJni;  fishery,  and  in  thr-  year  ]5H()  raised  the  sum  of  £.■<(),•  Hid  liy  a  joint  stock  company. 

In  17(J0,  there  wt-re  eni])loyeil  on  the  coast  of  YaniHMitli,  England,  205  vessels  nf  finm  thirty 
to  one  hundred  tons.     lu  iii'M,  the  shore  hevriuy  fishery  of  England  and  Scotland  employed 


192 

the  herring  ivearnX  Plymouth  for  three  years  to  three  men,  **who  were 
to  deUver  the  shares  of  fish,  and  receive  one  and  sixpence  per  thousand 
for  their  trouble."  We  hear  of  it  on  the  coast  of  Maine,  also,  a  few 
years  afterwards.  Josselyn  says  that  the  "herrin"  were  "so  numer- 
ous, they  take  of  them  all  summer  long."  In  1670,  he  continues,  "they 
were  driven  into  Black  Point  harbor,  by  other  great  fish  that  prey  upon 
them,  so  near  the  shore  that  they  threw  themselves  (it  being  high 
water)  upon  dry  land  in  such  infinite  numbers  that  we  might  have  gone 
half  way  the  leg  amongst  them  for  near  a  quarter  of  a  mile."  He 
repeats  the  account  in  his  "Chronological  Observations  of  America," 
where  he  states  that  so  "wonderful"  was  the  quantity,  that  "they  were 
half-leg  deep  for  a  mile  together."  Of  the  manner  of  cooking  at  that 
period  he  remarks,  that  "we  used  to  quahfy  a  pickled  herrin  by  boiling 
of  him  in  milk."  These  incidents  are  sufficient  to  show  the  early 
origin. 

From  the  fragmentary  notices  of  the  fishery  which  are  to  be  met 
with,  it  seems  probable  that,  for  a  long  time,  as  the  scooh  of  herrings 
came  to  our  coasts,  the  inhabitants  on  the  sea  and  rivers,  from  Maine 
to  the  Carolinas,  generally  secured  sufficient  for  consumption  fresh; 
that  the  more  careful  provided  themselves  with  salt  to  cure  quantities 
for  future  use ;  and  that  some,  becoming  regular  fishermen,  caught  and 
cured  the  fish  for  sale  to  their  neighbors  of  the  interior.  And  that  the 
practice  was  continued,  substantially,  without  interruption,  until  the 
waters  resorted  to  by  the  herring  for  the  deposite  of"  its  spawn  were  ob- 
structed by  dams  and  mills,  is  hardly  to  be  doubted.  It  is  certainly 
true  that,  on  some  of  the  rivers,  where  the  fishery  is  now  nearly  extinct, 
the  supply  at  the  revolutionary  era  was  considered  inexhaustible ;  and 
that  farmers  and  fishermen  were  in  the  constant  habit  of  filling  wagons 
and  boats  at  pleasure  with  scoop-nets  and  other  simple  implements. 
Since  the  peace  of  1783,  the  herring  has  abandoned  many  of  its  old 
haunts,  but  is  still  caught  in  wears,  seines,  and  nets,  in  various  parts  of 

10,365  boats  and  upwards  of  44,000  fishermen;  while  the  number  of  other  persons  connected 
with  it  exceeded  31,000  persons.  The  quantity  of  herrings  cured  in  that  year  was  379,233 
barrels.  In  1831,  the  quantity  cured  was  439,370  barrels.  Two  years  later,  the  number  of 
barrels  was  3-29,557,  of  which  181,654  barrels  were  exported.  In  1837,  the  quantity  was  451,531 
barrels,  and  the  largest  catch  known ;  while  the  export  was  272,093  barrels.  The  fishery,  at 
this  time,  employed  11,284  boats;  49,212  fishennen  and  boys  ;  1,925  coopers;  and  23,972  men, 
women  and  children,  in  gibbing,  packing,  and  other  labor.  The  quantity  of  nets  in  use  was 
more  than  oue  million  square  yards. 

Yarmouth  is  a  great  herring  mart.  The  vessels  employed  in  the  fishery  cost  about  five 
thousand  dollars.  The  nets  fonn  a  large  item  in  the  expenses  of  the  outfit.  The  fishing  voy- 
age is  short,  not  often  occupying  more  than  a  week  or  ten  daj's. 

The  commissioners  of  the  British  herring  fishery,  in  their  report,  1839,  state  that  in  1810, 
when  the  board  of  commissioners  was  instituted,  the  whole  number  of  barrels  of  hemngs  cured 
was  only  about  90,000  ;  whereas  the  number  in  the  first  mentioned  year  was  555,559  barrels. 
They  state,  further,  that  this  fishery,  as  a  nursery  for  seamen,  is  invaluable ;  that  it  employs 
50,000  fishennen,  (men  and  boys,)  and  11,357  boats,  and  that  "  many  of  the  best  of  our  sailors  " 
were  drawn  from  it  during  the  wars  in  which  England  had  been  recently  engaged. 

The  herring  fishery  of  Sweden,  three  centuries  ago,  was  extensive.  Gottenbui'gh  was  its 
principal  seat.  The  fish  finally  disappeared  from  the  coast,  as  is  said,  and  did  not  again 
appear  for  a  long  time.  About  the  year  1660  the  business  was  nearly  extinct ;  but  the  catch 
was  large  during  the  fifteen  succeeding  years.  From  1675  to  1747  tlie  herring  disappeared. 
From  the  last  mentioned  year  to  1770,  fish  were  abundant,  the  pi'oduce  of  the  fishery  averaging, 
probably,  150,000  barrels.  In  1833,  upwards  of  48,000  barrels  of  herriugs  were  imported  into 
Sweden ;  and  in  1840  the  Gotteuburgh  fishery  was  declared  to  be  at  aa  end. 


193 

die  United  States.  Notice  of  the  fishery  in  particular  to\\-ns  and  neigh- 
borhoods is  not  necessary,  and  our  attention  will  be  confined  to  such 
places  as  will  serve  to  give  a  general  view  of  it  as  prosecuted  on  both 
rivers  and  seas. 

Washington,  in  describing  his  Mount  Vernon  estate  to  Arthur  Young, 
remarked  that  its  margin  was  "washed  by  more  than  ten  miles  of  tide- 
water;" that  "several  valuable  fisheries  appertained  to  it;"  and  that 
"the  whole  shore,  in  short,  was  one  entire  fisher3^"  A  shad  or  herring 
fishery  appurtenant  to  an  estate  on  the  Potomac  adds  much  to  its  value 
at  the  present  time.  As  elsewhere,  the  herring  sometimes  fails  to  ap- 
pear in  this  river,  and  the  disappointment  of  the  planters  and  their 
servants  is  extreme.  There  arc  years  of  great  success.  In  1831,  fifty, 
and  even  one  hundred  thousand  fish  were  frequently  taken  at  a  haul. 
In  1836  no  less  than  three  hundred  wagons  were  at  one  place  at  one 
time,  each  teamster  "  waiting  his  turn."  On  the  other  hand,  the  fishery 
in  1843  was-,  unprofitable  and  disastrous ;  the  outfit  was  large,  and 
many  new  landings  were  opened,  but  the  fisherm.en  cut  out  their  seines 
at  the  close  of  the  season  unrewarded  and  in  sadness.  Better  results 
followed  in  1844,  and  the  businessof  catching,  buying,  counting,  dress- 
ing, washing,  and  salting,  was  animated  at  most  of  the  principal  land- 
ings on  both  sides  of  the  river,  from  Alexandria  to  the  vicinity  of  the 
Capes.  In  1851,  fourteen,  twenty-five,  and  in  one  case  ninety-five 
thousand  herrings  were  taken  at  a  haul,  and  those  engaged  in  the  fishery 
were  fairly  rewarded  for  their  capital  and  labor. 

The  sea  fishery  in  Maine,  from  the  Penobscot  to  the  frontier,  and  in 
the  Bay  of  Fundy,  is  the  most  important.  The  herring  in  this  region 
is  cured  b}'-  salting  and  smoking,  and  by  salting  and  pickling.  When 
by  the  first  method,  it  is  packed  in  boxes;  when  by  the  latter,  in 
barrels.  They  were  caught  for  many  years  by  means,  principally,  of 
lighted  torches,  made  of  the  outer  bark  of  the  white  birch.  The  prac- 
tice was,  and,  to  some  extent,  still  is,  to  place  a  light  of  this  descri{)tion 
in  the  bow  of  a  small  boat,  about  the  favorite  resorts  of  the  herring,  on 
very  dark  nights,  and  to  bail  in,  with  a  dip-net,  all  that  were  attracted 
to  the  surface  of  the  water.  A  boat  requires  four  men;  one  to  dip,  two 
to  row,  and  one  to  steer.  While  in  pursuit,  the  boat  moves  wiih  great 
velocit}',  that  the  fish  may  be  induced  to  follow  the  light,  and  that  tiiey 
may  be  kept  within  reach  of  the  man  with  the  net,  who  stands  in  tiie 
bow.  The  islanders  in  the  Bay  of  Passamaquoddy  have  a  story  that 
the  discovery  of  the  attracting  properties  of  light  was  accidental.  They 
relate  that  a  fisherman  who  lived  on  Campo  Bello,*  and  who  chanced 
one  night  to  be  on  the  side  of  one  of  its  little  harbors  opposite  to  his 
own  house,  on  rememliering  that  he  had  no  fire  at  home,  took  some 
chips  and  coals  in  a  skillet  to  carrj- across;  that,  during  the  ])assage, 
the  chips  tfjok  fire  and  l^lazed  up;  and,  on  his  hinding,  he  t()und  that  a 
large  number  of  herrings  had  i'oUowed  him  to  the  shore;  and  that  this 
circumstance  induced  experiments,  whit  h  resulted  in  abandoning  the 
fornner  practice  of  using  "set-nets"  and  "wears."  But  whatever  the 
origin  of  the  torch-lights,  they  aH()rd  to  the  inhabitants  of  tin;  lionlier 

•  An  island  opporite  Eastport,  and  on  the  British  side  of  the  bay,  and  owned  by  Admiral 
Ohc'u,  of  the  Toyvl  niivy. 
13 


194 

towns  of  Maine,  and  to  the  sojourners  among  them,  an  attractive  scene. 
To  watch,  from  the  head-lands  and  beaches,  the  movements  of  the 
"herring-drivers,"  has  been  a  recreation  there,  of  some,  for  years.     The 
spectator  sees  a  spacious  harbor,  and  the  coves  and  indentations  in  its 
neighborhood,  most  beautifully  lighted  up,  as  with  hundreds  of  lamps, 
and  each  light  heaving  and  falling  with  the  motion  of  the  sea.     Far  in 
the  offing  the  torches,  no  larger  to  the  eye  than  a  candle's  flame,  move 
and  dance,  approach  and  cross  each  other,  and  then  vanish  away; 
while  nearer,  and  perhaps  within  a  stone's  throw  of  the  position  which 
he  occupies,  their  red  flare  will  reveal  every  act  of  the  fishermen,  as, 
lime  after  time,  the  fish  are  bailed  into  the  boat.     On  ship-board,  too, 
when  entering  or  leaving  the  Passamaquoddy,  these  lights,  seen  in  all 
directions,  serve  to  relieve  loneliness,  and  to  excite  interesting  imagin- 
ings.    Set-nets  and  wears  are  becoming  favorites  again,  and  it  is  not 
impossible  that  in  a  few  years  the  torch-lights  will  be  completely  ex- 
tinguished in  some  of  the  harbors,  and  be  very  much  diminished  in  all. 
The  herrings  intended  for  smoking  are  washed  soon  after  they  are 
caught,  and  the  scales  of  all  that  are  fat  enough  to  shed  them  are  forced 
off  by  friction,  when  they  are  salted  away  in  casks.     As  soon  as  they 
are  sufficiently  "struck"  with  the  salt,  they  are  again  washed,  spitted 
or  strung  wpon  small  round  sticks,  and  hung  up  in  the  smoke-house. 
In  spitting,  as  well  as  in  hanging  them  up,  great  care  is  necessary  to 
prevent  the  fish  from  touching  each  other.     They  are  placed,  tier  above 
tier,  upon  wooden  fixtures  supported  by  joists  until  the  house  is  full. 
The  distance  from  the  lower  tier  to  the  floor  is  commonly  about  seven 
feet.     Fires  of  wood  are  now  lighted;  and  the  great  art  is  to  manage 
these  fires  in  a  proper  manner,  inasmuch  as  they  must  neither  be  too 
quick  nor  too  slow,  and  at  times  they  require  to  be  extinguished.    Rock- 
maple  wood  is  best ;  but  any  kind  of  fuel  green  from  the  forest  is  prefer- 
able to  the  old  and  water-soaked  wood  sometimes  used,  to  the  serious 
injury  both  of  the  color  and  the  flavor  of  the  fish.     The  smoking  occu- 
pies several  weeks.     To  cure  herrings  well,  good  weather  is  quite  as 
necessary  as  good  fuel  and  care  fully -tended  fires.      After  being  suffi- 
ciently smoked,  the  fu'es  are  allowed  to  go  out ;  and  as  soon  as  the 
house  has  become  cool  the  fish  are  taken  down,  slipped  from  the  sticks, 
sorted  into  three  qualities,  and  packed  in  boxes.     The  houses  in  which 
the  smoking  is  done  are  mere  huts,  without  floors,  and  without  other 
finish  than   rough-board  walls,  and  roofs  of  the  same,  battened  with 
slabs.     In  some  cases,  however,  a  wiser  use  is  made  of  n^oney,  and 
sufficient  expense  is  incurred  to  erect  durable  buildings.     The  upper 
part  and  the  roof  are  always  intended  to  be  tight,  both  to  retain  the 
smoke  and  to  exclude  the  rain  and  damp.     These  houses  are  of  various 
sizes — some  being  large  enough  to  hold  one  thousand  boxes  of  the  fish 
on  the  sticks,  while  others  will  contain  no  more  than  a  fourth  part  of 
that  quantity.     The  largest  and  best  finished  are  the  most  economical. 
The  business  of  smoking  herrings  is  confined  mainly  to  the  region  of 
which  we  are  now  speahing.     The  price  in  the  markets  to  which  they 
are  usually  sent  is  sometimes  ruinously  low,  and  the  fishermen  are  often 
deprived  of  adequate  recompense  for  their  labor.     The  quantity  ex- 
ported from  the  eastern  part  of  Maine  often  exceeds  eighty  thousand 
boxes  in  a  year,  while  the  average  of  ten  years  may  be  estimated  at 


195 

tliree  fourths  of  that  qunnllty.  Besides  these,  some  thousands  of  bar- 
rels are  anuiuiUv  pickled.  The  kind  known  among  dealers  as  the 
gibbed  herring,  wiien  properly  dressed  and  cured,  is  a  good  article  of 
food,  and  a  substitute  tor  the  second  quality  of  mackerel. 

Another  sai  fishery  is  that  at  the  Magdalene  islands,  in  which  our 
citizens  are  allowed  to  participate  by  treaty  stipulation.  It  has  been 
thought  to  be  of  considei'able  value  as  a  means  of  employing  vessels 
(too  small  for  carrying  freight  willi  profit)  in  the  early  pait  of  the  sea- 
son. It  has  been  prosecuted  with  various  success.  Our  vessels  visit 
these  islands  in  "  spawning  time,"  when  the  herrings  are  poor,  and 
the  quality,  if  well  cured,  is  not  such  to  command  a  high  price.  For- 
merly, so  little  time  and  care  were  bestowed  upon  them  that  many  were 
unfit  for  human  food.  Salted  in  bulk,  as  it  is  termed,  they  remained  in 
the  hold  of  the  vessel  until  her  arrival  in  port,  where  they  were  packed 
without  being  washed,  and  sweltering  in  all  their  impurity.  Some 
masters  and  owners,  to  their  credit,  have  always  been  at  the  labor  and 
expense  of  curing  them  in  a  proper  and  wholesome  manner.  Of  late, 
smohng  has  been  found  pre{eral)le  to  pickling ;  and  whenever  the  fish- 
ery is  successful,  many  thousand  boxes  are  sent  to  market.  The  seine* 
is  in  common  use  at  the,  Magdalene  islands.  The  kind  best  adapted  to 
the  fisherj^  is  large,  requires  some  twenty  or  thirty  men  to  manage  it, 
and  is  capable  of  enclosing  and  bringing  to  the  shore  several  hundred 
barrels  at  a  haul.  Captain  R.  Fair,  iii  command  of  her  Majesty's  ship- 
of-war  the  Champion,  visited  these  islands  officially  in  May,  1839, 
and  aftfT  the  commencement  of  the  fishery.  He  found  the  "  quantity 
o)i  herrings  ver}^  great,  exceeding  that  of  any  former  year;  and  the  ex- 
pertness  and  perseverance  of  the  American  fishermen"  to  be  "far 
beyond  that  of  the"  colonists.  "About  one  hundred  and  forty-six  sail 
of  American  fishing  schooners,  of  from  sixty  to  eighty  tons,  and  each 
carrying  seven  or  eight  men,"  were  engaged  in  it,  he  continues,  and 
caught  "nearly  seven  hundred  barrels  each;"  making  fi)r  the  number 
stated  "a  presumed  product  of  one  hundred  thousand  ban-els,  of  the 
value  of  one  hundred  thousand  pounds  sterling ;  the  tonnage  about  ten 
thousand,  and  the  number  of  men  about  one  thousand."  Whatever  the 
statistics  of  the  year  in  question,  the  average  quantity  of  herrings  caught 
by  our  vessels  is  not  probabl}-  forty  thousand  barrels  ;  while  the  price — 
ajpouiul  sterling  the  barrel — is  quite  fifty  per  cent.,  I  suppose,  above  that 


*  The  nuicliiue  for  rlic  inannfiicture  of  "bobbiiiet"  is  couiu'ctod  sufliciently  with  dur  ;;,'iMieral 
eubject  to  justify  bri<'f  rffrTL'iicc  to  it.  The  first  macliiiit'  wiis  ix-rfcctcJ  in  tiio  yi'iir  16'J9. 
From  a  minute  accj>uiit  of  the  invention  tlif  followiiii:  fw^ta  are  obtained.  A  workman  of  Not- 
tingham, En<.'iaud,  employed  in  makiu<;  maeliinery  for  the  manufaeture  of  tisiiin;;-nct.>5,  soizwl 
X)\)un  a  hint  t'nrniKlied  l>y  a  child  at  play,  and  diseovered  by  tliat  means  a  mode  of  foniiint,'  the 
bobbin  and  eurriaj^'c,  as  now  n.Ked  in  tJie  bobbinef  machine.  At  first,  tlie  invention  was  t-Ti- 
fincd  to  tlie  mannfacture  of  lishin<;-nets,  but  v.as  finally,  and  after  many  failures,  e.xlended  to 
the  making'  of  hiee.  The  value  of  laee  mad'-  by  iiKiehiiK.'ry  thus  introduced  i,'*  now  inniieiise. 
l'>y  reference  to  the  statistics  of  \^'.\\,  it  appears  thai,  in  seven  towns  and  cities  in  Kiiuland, 
tliirty-one  thousand  jjcrsons  are  employed  in  mtdiinii.  and  oinj  hundred  thousand  women  and 
fhildren  (ditain  a  considerable  portion  of  their  subsistence  by  eml)ndderinj;^  it.  The  (luanfity 
of  cotton  recjuired  yearly  is  2,4(M),()i)(J  pounds,  the  animal  nnmnfacture  is  ;il),77I,(M)(>  s(inare 
yards,  aJid  the  anninil  value  is  £  I, !^.")( ),(>.')(»,  and  ihe  |iermanent  capital  employed  about 
£2,f)!KI,(HI().  Nor  is  this  all;  the  nninnfactun!  has  been  e.xU'tided  to  the  conliiu-nt,  and 
in,i1()fl,'100  yards,  or  about  one-third  of  tho  quantity  nnidc  iu  Great  ]3ritain,  it  is  estimated,  id 
produc*«d  there. 


196 

generally  received  in  any  market  in  the  United  States  for  the  article  of 
"  Magdalene  herrings." 

Herrings  fatten  as  the  season  advances ;  hence  those  taken  occasion- 
ally by  vessels  employed  in  the  cod-lishery  on  the  coast  of  Labrador 
are  as  unhke  those  just  mentioned  as  possible.  It  is  to  be  regretted  that 
so  few  fat  and  well-flavored  herrings  are  procured  for  consumption  at 
home,  inasmuch  as  a  more  abundant  supply  of  the  gibbed  fish,  caught 
in  the  Bay  of  Fundy  and  more  distant  regions  in  autumn,  would  doubt- 
less lead  to  the  disuse  of  the  interior  kinds  of  dried  fish,  and  render 
poorer  and  badly  cured  herrings  entirely  unsaleable. 

In  America  this  fishery  has  ever  occupied  a  subordinate  place.  But 
some  of  the  cities  of  Europe  owe  much  of  their  present  commerce  and 
importance  to  the  wealth  acquired  in  its  prosecution.  To  persons  who 
are  famihar  with  the  character  and  rank  of  the  mass  of  herring-catchers 
of  our  day,  an  account  of  the  mania  on  this  subject  in  Eiigland  two  cen- 
turies ago  seems  almost  incredible.*  Without  space  for  details,  or 
even  to  relate  incidents  to  show  how  vast  were  the  projects,  and  how 
magnificently  rich  were  the  joint  stock  associations,  which  were  formed 
by  noblemen  and  princes  of  the  blood — to  catch  herrings — I  can  only 
remark  that  the  "  operators"  in  timber  lands  and  corner  lots  of  cities 

*  Fishing  manias  in  Great  Britain  hare  been  frequent.  We  will  bnefly  aotice  several  of 
thena.  To  commence  no  earlier,  there  was  one  in  1677,  •«lien  the  Duke  of  York,  aad  other 
personages  of  rank,  were  incorporated  into  a  body  eatitled  the  "  Company  of  the  Royal  Fkhery 
of  England."  This  company  seems  to  have  exhausted  its  capital  in  fitting  out  '"busses"  ot 
vessels  built  in  Holland,  and  manned  with  Dutch  herring-catchers,  and  to  have  been  ruined 
by  the  capture  of  a  large  part  of  their  ves-sels  in  a  war  with  France. 

A  second  was  in  1720,  when  two  thojisand  of  the  principal  gentlemen  of  Scotland  fonmed  a 
company  for  the  prosecution  of  the  herring  fishery.  This  was  a  time  noted  for  speculations  ; 
and  the  Scotch  Company — a  mere  bubble — soon  burst,  leaving  the  shareholders  to  mouru 
over  their  folly. 

A  third  occurred  in  17.50,  when  a  company  was  incoirporated  with  a  capital  of  £500,000, 
of  which  the  Prince  of  Wales  was  president,  or  governor.  His  associates  were  among,  the 
first  men  in  the  kingdom.  General  James  Oglethoi-pe,  the  foimder  of  the  State  of  Georgia, 
was  a  prominent  mejnber,  and,  on  delivering  the  Prince  the  act  of  incoi-poration,  made  a 
speech,  which  was  published.  The  public  excitement  was  intense;  the  stock  was  subscribed 
for  immediately ;  vessels  were  built  and  equipped  with  the  utmost  rapidity,  and  artifices  were 
resinted  to  iu  order  to  ascertain  the  Dutch  method  of  curing  the  herring  But  the  project 
failed — as  the  Earl  of  Winchelsea  and  some  other  peers  predicted  it  wo«ld — at  the  outset- 
The  suspension  of  this  company  was  veiy  injurious  to  the  British  herring-fisheiy  generally  for 
a  considerable  period. 

Men  have  been  ruined  in  our  own  tiroes  far  indiilging  in  the  same  visiouaiy  schemes, 

Li  1803,  some  English  theorists  of  rank  and  influence  recommended  a  national  fishery  on  a 
vase  scale.  The  plan  was  plausible,  but  too  complicated.  These  gentlemen  proposed  "  tha? 
there  should  be  a  grand  national  coi-poration.  under  the  immediate  protection  and  superin- 
tendence of  Parliament,"  with  a  capital  stock  of ,  which  was  to  be  raised  in  shares  by 

the  seaport  towns  and  corporations,  proportioned  to  the  advantages  of  locality  and  the  amount; 
of  their  trade  and  tonnage,  and  an  annual  dividend  of  5  per  cent,  was  to  be  guarantied  ons  the 
capitaL  'Conveniences  for  shipping,  storehouses,  sheds,'  »S:c.,  were  to  be  *  constructed  in 
places  contiguous  to  the  best  fisliing-grounds.'  '  A  free  use  of  salt'  was  to  be  granted  to  "the 
managers  without  any  interference  of  the  revenue  officers.'  '  The  fish  taken  and  cured,'  were 
'to  be  exempt  from  ail  duties  whatever,'  and,  'on  the  other  hu»d,  no  bounties' were  *tobe 
given.'  '  Fishermen,  disabled  by  accident,  age,  or  infirmity,  and  the  widows  and.children  of 
fishe-rmen,'  were  '  to  be  provided  for.'  Finally,  'the  coi"poraiiou'  was  ' to  be  authorized  to 
propose  rules  for  the  regulation  and  disscipliue  of  the  fishery.'" 

As  late  as  the  year  Ic^.l  we  have  similar  projects,  (though  of  private  companies;)  since, 
among  the  immense  joint-stock  concerns  which  burst  during  the  commercial  revidsion  of 
that  period,  we  find  three  fishing  companies  whose  aggregate  capital  (nominally)  amounted  t9 
the  euormoua  simi  of  £1,600,000,  or  nearly  eight  millions  of  dollars. 


197 

ynder  water,  of  iS34,  were  more  sensible,  as  well  as  more  successlul, 
than  these  speculators  of  former  days. 

THE  HALIBUT  FISHERY. 

The  lialibut  fishery  on  George's  Bank  is  a  new  enterprise.  It  was 
commenced  within  a,  few  years  by  the  adventurous  fishernKni  of  Cape 
Ann.  Pursu(Hl  in  mid-winter,  it  is  as  hazardcms  an  empbwment  as  can 
well  be  imagined. 

While  the  fishery  was  confined  to  the  coast,  the  consumption  of  the 
fish  was  very  limited.  In  April,  1843,  the  Norfolk  Herald  announced 
that  "Our  market,  yesterday  morning,  was  enriched  with  a  delicacy 
from  the  northern  waters,  the  halil^ut — a  strange jUJt  in  these  parts,  known 
only  to  epicures  and  naturaVuits.'''' 

The  New  Orleans  Picayune,  in  May  of  the  same  year,  contained  a 
similar  paragraph.  At  present,  the  fish,  packed  in  i30xes  with  ice,  is 
sent  sound  and  sweet,  by  railroads  and  vessels,  to  the  most  distant  sec- 
tions of  the  country. 

Vessels  employed  on  the  bank  are  absent  from  port  from  six  to  four- 
teen days.  The  average  catch  of  halibut  is  perhaps  two  hundred  to  a 
vessel,  though  some  obtani  double  that  number.  Tlie  weight  of  the  fish 
is  fiom  fifty  to  two  hundred  pounds. 

For  some  time,  dealers  in  Boston  purchased,  packed,  and  shipped 
the  fish  almost  exclusively;  but  a  company  was  finally  formed  at  Glou- 
cester for  the  purpose  of  transacting  this  part  of  the  business,  as  well  as 
the  other.  The  fishermen,  however,  resort  again  to  Boston;  for  this 
company,  after  losing  a  considerable  part  of  then'  capital,  relinquished 
their  design. 

The  growth  of  the  fishery  has  been  rapid.  The  number  of  vessels 
employed  in  it,  owned  at  Gloucester,  was  thirty  in  1844;  sixty-three  in 
1848;  and  about  seventy-five  in  April,  1852.  The  present  fleet  con- 
tains many  new,  well-modelled,  and  fast-sailing  vessels.  The  value  of 
the  halibut  caught  in  1851  was  upwards  of  sixty  thousand  dollars. 

The  earnings  of  the  vessels  sent  to  the  bank  are  generally  ample; 
but  the  fishery  is  not  profitable,  in  consequence  of  the  extraordinary 
wear  and  tear  of  sails  and  rigging,  and  the  fi-equent  loss  of  cables  and 
anchors.  M(jre  than  all,  hardly  a  season  passes  without  appalling  dis- 
asters.    Whenever  a  vessel  is  lost  on  George's,  all  on  board  perish. 

An  American  citizen  may  contend,  if  he  will,  for  the  repeal  of  our 
bounty  laws;  lie  may  favor  a  low  duty,  or  no  duty  whatever,  on  foreign 
fish;  but  he  is  bound  to  honor  the  courage  and  the  persevera.nce  of  tlie 
halibut  catchers  of  Cape;  Ann,  who,  mid  the  storms  and  gales  of  a 
northern  winter,  procure  for  him  the  luscious  nniKs  and  ins  which  gar- 
aJsh  his  board. 


198 


CONCLUSION. 
PUBLIC  SERVICES  AND  CHARACTER  OF  FISHERMEN. 

The  interval  in  our  annals  between  the  discovery  and  the  settlement 
of  North  America  is  often  regarded  as  a  mere  blank;  and  the  opinion 
is  prevalent  that  our  fisheries  have  no  history,  but  such  as  relates  to  the 
quantity  and  quality  of  food  which  they  annually  produce.  It  may  be 
'hoped  that  something  has  been  done  in  this  report  to  correct  these 
errors,  as  well  as  others  which  exist  with  regard  to  our  subject  gener- 
ally. We  have  seen  that  fishermen  were  the  pioneers  of  British  and  of 
French  civilization  in  America;  that  by  their  severe  toils  they  taught 
other  adventurers  to  the  New  World  to  rest  their  hopes  of  success  on 
regular  and  useful  employments;  that  the  intercourse  which  they  main- 
tained between  the  two  continents  kept  alive  desires  which  otherwise 
might  have  become  extinct ;  that  thc}^  persevered  when  all  others  were 
deleated  or  discouraged;  and  that  the  arrival  upon  our  coast,  for  nearly 
or  quite  a  century,  ol"  hundreds  of  fishing  vessels,  gave  rise  to  events  ot 
momentous  consequence. 

In  the  course  ol'  our  inquiries,  w^e  have  ascertained  that  France  w^as 
directly  indebted  to  her  fishermen  for  the  immense  domains  which  she 
acquired  in  this  hemisphere;  and  that  the  failure  of  several  attempts  to 
found  English  colonies  at  Newfoundland  hastened  permanent  settle- 
•ments  in  more  genial  regions.  We  have  seen  that  long  before  an  Eng- 
lishman had  a  home  in  America,  a  law  was  passed  to  correct  abuses  on 
our  fishing  grounds;  and  that,  contemporaneous  with  the  founding  of 
New  England,  Parliament,  after  an  excited  debate,  broke  down  the 
company  of  court  favorites  who  claimed  the  monopoly  of  our  seas,  and 
asserted  the  principle  of  "*free  fishing  with  all  its  incidents"  as  the 
right  of  every  subject.  We  have  seen,  too,  that  the  strong  and  repeated 
declarations  of  Smith,  the  father  of  Virginia,  that  the  waters  of  New 
England  were  richer  and  its  soil  and  climate  were  better  adapted  to  hus- 
bandry than  were  those  of  Newfoundland,  were  known  to  the  Puritans 
who  came  to  Plymouth  and  to  those  who  came  to  Massachusetts  proper, 
and  had  a  controlling  influence  with  other  Englishmen  whose  thoughts 
were  turned,  by  persecution  or  the  love  of  adventure,  to  the  northerly 
part  of  America;  while  it  has  also  appeared  that  the  founders  and  pro- 
prietors of  New  Hampshire,  Maine,  and  Maryland,  before  obtaining 
these  possessions,  were  interested  in  the  fisheries  of  Newfoundland. 

We  have  seen  that  the  founders  of  Venice,  and  of  the  cities  of  Am- 
sterdam and  Rotterdam,  were  fishermen;  that  the  same  humble  class 
of  men  gave  the  first  impulse  to  the  commerce  of  Holland  and  Den- 
mark, and  an  immense  increase  to  that  of  England;  that,  previous  tO' 
tlie  development  of  other  resources,  the  fisheries  were  the  life-blood  of 
our  own  commerce,  not  only  with  the  mother  country,  but  with  every 
other  people  with  whom  we  had  lawful  or  illicit  trade.  We  have  seen, 
that  through  all  the  wars  and  territorial  and  maritime  disputes  between 
France  and  England,  touching  their  respective  possessions  in  Ainerica ; 
through  all  the  changes  and  chances  of  our  colonial  submission,  from 
its  commencement  to  its  termination;  through  the  war  of  the  Revolu- 


199 

tion,  and  the  negotiations  for  pence;  in  the  convention  that  framed, 
and  in  the  State  conventions  that  considered,  the  constitution  of  the 
United  States;  in  the  first  Congress;  and  in  the  negotiations  at  the 
close  of  the  wnr  of  1S12,  the  fisheries  occupy  a  prominent  place,  and 
were  often  the  hinge  on  which  turned  (juestions  of  vast  importance. 

We  have  seen,  that  once,  entire  communities  seemed  to  believe  that 
no  Vv^ay  to  wealth  was  so  sure  and  so  rapid  as  adventures  for  herrings 
and  codfish;  and  that  men  of  the  highest  rank,  and  of  the  most  shining 
talents,  accordingly,  set  their  hop(>s  and  f  )rtunes  on  the  cast  of  the  net 
and  the  line.  W<;  have  found  that  eminent  writers  on  matters  of  com- 
merce and  navigation,  and  statesmen  of  world-wide  fame,  have  de- 
clared that  "the  English  navy  became  formidable  alone  by  the  dis- 
covery of  the  inexpressibly  rich  fishing  banks  of  Newfoundland  ;"  that 
writers  of  acknowledged  judgment  have  observed,  that  "by  the  cod- 
fishery  in  America,  the  navy  of  France  became  formidable  to  all  Eu- 
rope;" that  our  own  statesmen  of  the  revolution aiy  era  considered  that 
we  also  must  look  to  our  fishermen  to  man  oi/rnavy;  and  that  a  French 
minister  of  the  present  time  expressed  the  opinion,  in  1836,  "that  with- 
out the  resources  which  were  found  in  the  sailors  engaged  in  the  fish- 
eries, the  expedition  to  Algiers*  could  not  have  taken  place." 

The  grateful  duty  of  speaking  of  the  patriotism  and  public  services 
of  American  fishermen  remains  to  be  performed,  and  will  now  occupy 
our  attention.  That,  during  the  whole  period  of  our  colonial  vassal- 
age, they  were  ever  among  the  foremost  to  en'er  the  ships  and  armies 
furnished  by  the  colonies  to  aid  England  in  her  struggles  with  France; 
that  they  were  engnged  in  every  strife  in  French  America ;  that  they 
lie  buried  on  every  battle-ground  in  Canada  and  Nova  Scotia;  and 
that  their  remains  were  committed  to  every  sea,  are  facts  which  have 
already  appeared.t  I  would  not  magnify  their  exploits  in  the  war  for 
freedom;  for,  as  we  all  know,  "the  mailed  hand  oi  that  war  was 
thrust  into  the  casements  of  our  fathers'  houses,  his  blood-stained  foot- 
steps were  in  the  streets,  over  the  fields,  upon  the  thresholds,  and  at 
the  hearths  of  our  mothers;"  but  I  may  still  say,  that  the  fishermen 
were  driven  from  their  employment;  that  tliey  were  absent  as  soldiers 
in  the  army,  and  as  seamen  on  board  of  the  public  and  private  armed 
ships  commissioned  by  Congi'ess;  that  their  vessels  were  stripped 
naked  to  the  masts,  and  rotted  at  the  wharves  and  on  the  beaches; 
and  that  their  families,  deprived  of  their  usual  means  of  support,  were 
reduced  to  despair. 

The  people  of  Plymouth  depended   almost  entirely  for  subsistence 

*  Algiers  was  conquered  by  the  French  in  1830,  when  Abd'el  Kader,  who,  next  to  Mehcmed 
AJi,  is"thfi  most  remarkable  individual  in  the  existing  Mdliiiiiinicdaii  world,"  cuniiiit'uced  his 
public  career. 

t  Fishermen  fought  the  battles  of  their  eoimtry  in  reinore  a^'cs.  l^'otir  liinidred  years  before 
the  Christian  era,  and  in  the  time  of  Nicias,  I'liitiircli  relates,  that  in  an  eni,'ai,'einent  between 
the  Syraeiisans  and  Adienians,  "  Not  only  the  men  from  the  .ships,  but  the  very  boys  iVom  the 
Csliing-boats  and  small  barks,  eliallenged  the  Aliieniaiis  to  come  out,  and  oli'ered  them  every 
kind  of  insidt.  One  (»f  these  bo3s,  named  Heracliiles,  wiio  was  of  one  of  tin:  liest  families  in 
Syracuse,  advancing  t<n(  far,  was  pursued  by  an  Athenian  vessel,  and  came  ver)-  near  being 
taken.  His  unch-,  PoUichus,  seeing  his  danger,  made  up  with  ten  galleys  which  were  under  his 
command;  and  others,  in  fear  for  rollichus,  advanced  to  support  him.  A  sharp  coiillict  en- 
fiucd,  in  which  the  Syracusans  were  victorious,  and  Eurymodoii  and  numbers  were  killed." 


200 

upon  the  seventy-five  vessels  which  they  employed  in  the  cod-fishery; 
and  though  the  difficulties  with  the  mother  country,  if  civil  war  ensued, 
threatened  them  with  ruin,  they  espoused  the  Whig  cause  with  alacrity. 
When  the  tidings  of  the  bloodshed  at  Lexington  reached  them,  sixty  of 
these  vessels  were  in  their  harbor ;  the  fishermen,  supplying  themselves 
with  arms,  marched  to  meet  tlie  royal  troops,  and  by  the  time  they 
arrived  at  Marshfield,  their  number,  by  accpisitions  from  diflerent 
towns,  was  nearly  one  thousand  men.  The  people  of  Salem  and 
Beverly  were  like  zealous :  from  the  opening  to  the  close  of  the  con- 
test, they  were  extensively  engaged  in  fitting  out  and  manning  priva- 
teers ;  and  in  a  single  season,  despatched  to  sea,  to  prey  upon  British- 
commerce,  fifty-two  vessels,*  which  mounted  about  seven  hundred  and 
fifty  guns,  and  carried  crews  of  nearly  four  thousand  men. 

At  the  revolutionary  era,  Gloucester  was  a  place  of  inconsiderable 
note;  yet  sixt3^-five  men  for  the  Whig  army  at  Cambridge  were  en- 
listed there  in  four  days,  and  two  companies  of  Gloucester  fishermen 
shared  in  the  glories  of  Bunker's  Hill.  Upon  the  ocean  they  were 
even  more  numerous ;  and  tliirty  married  men,  belonging  to  that  town,, 
perished  in  the  wreck  of  a  single  privateer. 

The  privateers  owned  in  Boston,  Salem,  Marblehead,  Beverly,  and 
Newburyport,  and  other  ports  in  Massachusetts,  in  the  single  port  of 
New  Hampshire,  in  Rhode  Island,  and  elsewhere  in  New  England, 
were  among  the  most  efficient  instruments  employed  to  harass  the 
enemy,  and  their  success  had  no  inconsiderable  influence  upon  the 
result  of  the  struggle.  It  is  stated  that  the  private  armed  vessels  ot 
the  Whigs  captured  more  than  fifty  thousand  tons  of  British  shipping 
in  the  year  1777,  alone;  while  Curwen,  a  Salem  loyalist,  who  fled  to 
England,  mentions  in  his  journal,  that  Lloyd's  coffee-house  books  show, 
that  from  May,  1776,  to  February,  1778,  the  American  privateers  (one 
hundred  and  seventy-three  in  number)  made  prize  of  seven  hundred 
and  thirty-three  British  vessels,  which,  with  their  .cargoes,  were  worth 
more  than  twenty-five  millions  of  dollars,  after  deducting  the  value  of 
the  property  retaken  and  restored.  Omitting  details,  it  may  be  stated, 
on  the  authority  of  other  accounts,  that  from  the  commencement  to  the 
termination  of  the  war  of  the  Revolution,  quite  two  hundred  thousand 
tons  of  British  shipping  were  captured  and  destroyed ;  that  such  were 
the  losses,  and  such  was  the  terror  of  the  "rebel  privateers,"  that  the 
underwriters  finaUy  demanded,  and  the  merchants  paid,  premiums  of 
thirty,  forty,  and  even  fifty  per  cent.,  to  insure  ships  and  cargoes  fi'om^ 
England  to  America;  and  that  the  mercantile  interest  became,  at  last, 
so  clamorous  as  to  render  the  war  unpopular,  and  to  embarrass  the 
ministry  in  their  measures  to  continue  it. 

The  services  of  the  people  ol"  Marblehead  are  entitled  to  particular 
notice.  They  were  invaluable  upon  the  sea  and  upon  the  land.  When, 
in  1774,  the  port  of  Boston  was  shut  by  act  of  Parliament,  they  ten- 
dered to  their  suffering  brethren  of  the  capital  the  use  of  their  wharves 
and  store  houses  free  of  charge.  The  first  actual  avowal  of  offensive 
hostility  against  England  which  is  to  be  found  in  the  revolutionary 
annals,  is  an  act  passed  by  the  Provincial  Congress  of  Massachusetts 

*  "  Chiefly  owued  in  Salem  and  Beverly." 


201 

in  November,  1775.  It  was  framed  by  Elbricloc  Gerry,  a  merchant  of 
Marblehead,  whose  business  depended  upon  the  fisheries.  It  author- 
ized captures  vpo?i  the  sea.  With  "  its  preamble,  it  was  printed  in  the 
London  Magazine  as  a  pohtical  curiosity;"  and  John  Adnms  calls  it 
'•one  of  the  most  important  documents  in  the  history  of  the  Revolution." 
WliH  "hoisted  the  first  American  ilag?"  and  to  whom  "the  first  British 
flag  was  struck"?"  are  questions  in  dispute  between  the  fiiends  of  diifer- 
ent  claimants;  but  Mr.  Adams  confers  both  honors  upon  John  Manly,* 
of  Marblehead,  who  captured  a  transport  having  on  board  a  mortar, 
which,  transferred  to  Dorchester  heights,  "drove  the  English  army 
from  Boston,  and  the  navy  from  the  harbor."  The  fishermen  of  this 
town  appear  to  be  entitled  to  the  same  precedence  in  naval  affiiirs 
under  commissions  authorized  by  the  Continental  Congress,  since  it  is 
stated  that  John  Selman  and  Nicholas  Broughton  were  the  first  com- 
manders appointed  by  Washington  after  he  assumed  the  direction  of 
affairs.  Another  commander  of  merit  was  Mugford,  who  to©k  a 
powder  ship  early  in  the  war,  and  perished  in  the  enterprise.  And 
still  another  was  Samuel  Tucker,  who,  successful  beyond  his  com- 
peers, is  said  to  have  captured  more  British  guns  and  British  seamen 
than  Paul  Jones,  or  any  other  captain  in  the  service  of  the  thirteen 
States.f  Of  the  exploits  of  individuids  of  humbler  rank,  two  examples 
must  suffice.  In  L7S3  "three  lads"  were  put  on  board  of  a  brig  at 
Quebec  to  be  sent  prisoners  to  England;  on  the  passage  they  gained 
possession  of  the  vessel  and  carried  her  safely  to  Marblehead,  their 
native  town.  The  same  year,  three  other  young  fishermen — all 
minors — prisoners  in  the  British  armed  ship  Lively,  conceived  the  plan 
of  capturing  her;  and,  inducing  ten  other  prisoners  to  join  them,  were 
successful;  and  conducting  their  prize  to  Havana,  made  sale  of  her 
for  a  large  sum. 

For  service  in  the  field,  Marblehead  raised  one  entire  regiment.  It 
has  been  remarked  of  these  "fishermen  soldiers"  that,  inured  to  fatigue 
and  hardship,  they  were  not  reduced  by  sickness  or  camp  diseases 
during  the  war.  This  regiment  composed  a  part  of  the  Ibrce  of  the 
illustrious  commander-in-chief  in  his  retr(;at  through  New  Jersey,  and 
in  the  crisis  of  the  Whig  cause.  The  American  army,  composed  of 
regulars  and  militia,  hardly  three  thousand  in  number,  almost  desti- 
tute of  tents  and  utensils  for  cooking,  badly  armed,  nearly  naked  and 
barefooted,  dispirited  by  losses,  and  worn  down  by  sufferings,  were 
pursued,  in  November  and  December,  to  the  northerly  bank  of  the 

*  Capt.  John  Manly  received  a  naval  conniiission  from  Wasliiuffton,  October,  1775.  His  first 
conimand  was  the  scliooner  Lee.  He  was  sub«e(iuently  in  command  of  the  frigates  Hancock 
and  HiiKue.     He  died  in  Boston  in  1793,  and  was  buried  with  di.stiuction. 

t  Captain  Tucker  took  .John  Adams  to  Euro])e  in  1779.  On  the  jtMssnge  he  fell  in  with  an 
enemy.  It  was  auret-d  to  fif^lit  her,  iind  aisti  tliiit  Mr.  Adams  sliouhl  retire  below;  but  Tucker 
8oon  observed  him,  with  a  anw,  tif,'lilinj,'  as  a  conuuiin  marine,  anil  in  tones  of  authority 
ordered  him  to  leave  the  deck.  Mr.  Adams,  however,  continued  at  his  post,  when,  at  last, 
Tucker  seizi'd  liim  and  forced  him  away,  e.\claiminij  as  lu*  di<l  so,  "/«m  commanded  hy  the 
Continrnttd  ConfiTcss  to  mrry  you  in  safety  to  Ktiropr,  and  /  trill  do  it  I"  It  is  believed  that 
Tucker  was  as  brave  a  man  as  ever  lived.  After  the  Kevolution,  he  removed  to  the  "  Ancient 
Pemanuid,"  or  Hristol,  Maine,  wJiere  for  some  years  he  was  interestt'd  in  his  idd  avocation. 
He  died  at  IJristol  in  1"^:{;{.  The  ^overmueut,  iii  llieir  lardy  justice,  granted  iiim  a  pension  of 
$600  per  anninu  a  few  months  jirevious  to  ins  death.  He  was  much  respected,  and  received 
several  gratifyuig  tokens  of  regard  from  the  people  of  Maine. 


202 

Delaware,  by  the  well-appointed  army  of  the  enemy,  flushed  by  suc- 
cess, and  panting  for  a  last  decisive  victory.  For  a  moment,  the 
destruction  of"  Washington,  either  from  the  waters  in  front  or  from  the 
royal  troops  in  rear,  seemed  certain.  The  heroic  daring  of  the  men 
who,  perhaps,  saved  him,  and  with  him  their  country,  is  nowhere 
related  in  history.  But  Henry  Knox,*  the  chief  of  artillery,  whose  own 
services  on  the  occasion  will  ever  be  remembered  and  excite  admira- 
tion, has  done  them  justice.  After  the  peace,  and  while  Gen.  Knox 
was  a  member  of  the  legislature  of  Massachusetts,  an  application  was 
made  by  citizens  of  Marblehead  for  the  charter  of  a  bank.  Their 
petition  was  opposed.  He  rose  and  stated  their  claims.  "I  am  sur- 
prised," he  said,  "that  Marblehead  should  ask  so  small  a  privilege  as 
that  of  banking,  and  that  there  should  be  opposition  to  it.  Sir,  I  wish 
the  members  of  this  body  knew  the  people  of  Marblehead  as  well  as  I 
do.  I  could  wish  that  they  had  stood  on  the  banks  of  the  Delaware 
river  in  1777,  in  that  bitter  night  when  the  commander-in-chief  had 
drawn  up  his  little  army  to  cross  it,  and  had  seen  the  powerful  current 
bearing  onward  the  floating  masses  of  ice  which  threatened  destruction 
to  whosoever  should  venture  upon  its  bosom.  I  wish,  that  when  this 
occurrence  threatened  to  defeat  the  enterprise,  they  could  have  heard 
that  distinguished  warrior  demand,  'Who  will  lead  us  on?'  and 
seen  the  men  of  Marblehead^  and  Marblehead  alone,  stand  Jorward  to  lead 
the  army  along  the  perilous  path  to  unfading  glories  and  honors  in  the 
achievements  of  Trenton.  There,  sir,  went  tlie  fishermen  of  Marblehead, 
alike  at  home  upon  land  or  water,  alike  ardent,  patriotic,  and  unjiinching, 
whenever  they  iinfurled  the  flag  of  the  cou?itryJ^f 

To  remark  now,  that,  in  1772,  the  tonnage  of  Marblehead  was  up- 
wards of  twelve  thousand,  and  the  number  of  polls  was  twelve  bunded 
and  three;  that  in  1780  the  polls  were  but  five  hundred  and  forty-four; 
and  that  the  tonnage  at  the  peace  was  only  fifteen  hundred  and  nine; 
to  state  that  nearly  every  able-bodied  citizen  was  abroad,  engaged  in 
the  public  service,  either  "upon  land  or  water;"  to  show  from  a  docu- 
ment presented  to  the  general  court  of  Massachusetts,  that,  at  the  close 
of  the  contest,  there  were  within  the  borders  of  this  single  town  four 
hundred  and  fifty-eight  widows,  and  nine  hundred  and  sixty-six  father- 
less children — is  to  sum  up  its  sufferings  in  the  cause  of  freedom,  and  to 
prove  that,  as  has  been  averred,  "it  was  a  mere  wreck  and  ruin," 
when  we  emerged  from  the  war.  No  other  town  in  the  United  States, 
of  the  same  population  and  property,  lost  so  large  a  proportion  of  both, 
probably,  as  Marblehead. 

It  is  related  that  Nelson,  on  his  return  to  England  after  the  attack  on 
Copenhagen,  visited  his  wounded  in  the  hospital,  and  that,  as  he 
stopped  opposite  to  a  bed  on  which  lay  a  sailor  who  had  lost  an  arm, 

*  General  Henry  Knox  was  a  native  of  Boston.  In  the  Eevolution  he  was  chief  of  artillery. 
He  held  the  office  of  Secretary  at  War  after  the  peace,  under  the  Confederation,  and  the  same 
place  under  the  administration  of  Washington.  His  wife  was  of  a  loyalist  family,  whose  prop- 
erty was  confiscated.  The  "  Waldo  patent,"  in  Maine,  formed  a  part  of  her  father's  estate, 
and  the  General,  purchasing  a  large  part  of  it,  settled  upon  it,  at  Thomaston,  where  he  built 
an  elegant  mansion,  and  where  he  died  in  1806,  at  the  age  of  56. 

t  From  a  speech  of  Hon.  John  Davis,  of  Massachusetts,  in  the  Senate  of  the  United  States, 
January  24,  1839. 


203 

he  looked  at  his  own  empty  sleeve,  and  exclaimed,  "Well,  J;ick,  you 
and  I  are  spoiled  for  fishermen!"  How  many  men  of  Marblehead,  of 
Beverly,  Salem,  TS'ewhuryport,  Plymouth,  and  of"  the  towns  on  the  two 
capes  of  Massachusetts,  of  Portsmouth  ;ind  the  Isles  of  Slioals,  and  of 
the  fishing  towns  and  islands  of  Maine,  who  served  in  the  war  of  1812, 
returned  home  with  an  "  empty  sleeve,"  and  "  spoiled"  for  their  former 
avocation!  I  regard  it  as  strictly  true  to  say,  that  without  our  fisher- 
men we  could  hardly  have  mnnned  a  frigate,  or  captured  one,  from  the 
beginning  of  that  war  to  its  end.  Fishermen  com{)osed  a  large  part  of 
the  crew  of  "  Old  Ironsides  "  in  her  two  earli(\st  victories ;  find  I  believe 
that  the  number  was  not  much  diminished  when  that  favorite  ship 
passed  into  the  hands  of  Stewart  and  won  her  last  battle.  Without 
going  into  details,  it  may  be  said  that  the  men  of  Marblehead,*  and  of 
other  places  engaged  in  the  same  pursuits,  were  in  almost  every  national 
or  })rivate-armed  ship  that  bore  our  flag. 

At  present  it  is  afhrmed,  the  official  tables  show  that  the  number  of 
our  fishermen  in  the  national  service  in  case  of  war  would  be  small.  I 
admit  it;  and  were  it  not  so,  and  were  not  further  decrease  to  be  ap- 
prehended, much  of  my  labor  miglit  be  spared.  It  is  hard,  first  to 
wound  an  important  branch  of"  industry,  and  then  to  accuse  it  of  inef- 
ficiency ;  to  fill  our  shi])S,  public  and  private,  with  foreign  seamen, 
and  chen  tauntingly  show  figures  to  prove  how  contemptible  the  fish- 
eries are  as  a  means  of  supply.  But  I  contend  that  oflicial  statis- 
tics (erroneous  or  unsatisfactory  quite  often)  do  not,  in  this  matter, 
convey  the  whole  truth.  The  fact  is,  that  hundreds,  nay,  thousands, 
who  first  learned  to  "rough  it,"  in  pinkies,  pogies,  mid  jiggers,  on  the 
coast,  or  in  the  larger  class  of  vessels  that  visit  Labrador  and  New- 
foundland, have  abandoned  such  craft,  and  are  now  either  masters, 
mates,  or  seamen,  of  merchant  vessels.  Many  others,  retired  wholly 
from  the  sea,  are  to  be  found  quietly  settled  as  traders  in  small  towns 
along  the  sea-l)oard,  or  are  to  be  met  with  daily  on  'Change  in  our  prin- 
cipal cities.  The  reasons  lor  these  changes  are  obvious.  The  more 
ambitious  and  intelligent  seek  to  better  their  condition,  while  all  per- 
ceive that  their  employment  is  of  but  questionable  repute,  and  of  un- 
certain rewards.  It  may  be  urged  with  force  that  an  avocation  in 
which  men  are  educated  to  become  masters  of  merchant  vessels,  is 
entitled  to  protection  on  this  account  alone,  since  every  good  mariner 
is  a  source  of  strength  and  weakh  to  the  country.  To  preserve  the 
school — so  to  speak — in  which  the  business  character  of  such  men  is 
formed,  is  an  object  of  national  concern,  to  say  nothing  of  the  immense 
benefits  to  be  derived  from  an  abundant  supply  of  common  seamen, 
both  in  pfiace  and  in  war. 

The  (question  may  be  argued  still  further.  Every  American  citizen 
desires  a  wife,  and  a  home.  Marriage  cotuhices  to  morality,  and  wise 
rulers  in  every  age  and  country  have  endeavored  to  promote  it.  In 
this  regard,  then,  let  us  inquire  what  are  the  just  hopes  of  fishermen — 
who  reflect — as  determined  by  experi(>nce  and  by  ascertained  facts. 
A  distinguished  statesman,  in  advocating  the  repeal  of"  the  "bounty 

*It  is  btilievcd  that  fiv«  hundred  iiieuwho  belonged  to  Murblehead  alouo,WBio  released  froiu 
Dartmoor  prison  at  iho  peace. 


204 

system,"  a  few  years  ago,  estimated  that  the  common  fishermen  shared 
three  hundred  and  thirty  dollars  each,  in  addition  to  the  bounty,  for 
three  and  a  half  months'  labor.  He  was  mistaken.  A  gentleman  of 
Gloucester,  who  had  been  engaged  in  the  fisheries  for  a  considerable 
period,  made  an  accurate  calculation,  by  which  it  appeared  that  the 
average  earnings  was  only  one  hundred  and  fifty-seven  dollars  for  a  man, 
and  seventy-nine  dollars  for  a  hoy,  for  five  and  a  half  months''  service  in  the 
cod-fishery,  and  three  and  a  half  months''  in  the  mackerel  fishery,  or  for  the 
whole  wording  year  of  nine  months.  By  adding  the  bounty  to  the  earn- 
ings, the  share,  per  man,  was  increased  to  one  hundred  and  seventy- 
five  dollars.  In  the  proceedings  of  a  public  meeting  of  citizens  of  the 
same  town,  subsequently,  it  is  stated  that  the  average  earnings  for  the 
ten  previous  years  had  hardly  been  one  hundred  and  forty  dollars  in, 
a  season,  for  each  man. 

In  the  "Memorial  of  citizens  of  Marblehead  against  the  repeal  of  the 
fishing  bounty,"  &c.,  presented  to  the  Senate  of  the  United  States, 
March,  1846,  the  misrepresentations  made  on  the  subject  of  the  amount 
earned  by  fishermen  are  thus  answered:  "And  though  it  has  been 
stated  before  your  honorable  body,  in  support  of  an  effort  to  repeal  the 
aid  and  protection  which  the  present  la^vs  afford,  that  the  poor  fisher- 
man earns  his  five  hundred  dollars  for  what  is  called  "  his  three  and  a  half 
months'  labor,"  yet  your  memoriahsts  well  know  that  there  is  no  truth 
in  the  assertion.  The  fishermen  of  this  town,  engaged  in  the  bank  cod- 
fishery,  are  usually  employed  from  March  to  November  and  December, 
from  the  time  they  begin  the  labor  of  fitting  the  vessel  for  sea,  until 
they  return  to  their  winter  quarters,  being  a  period  of  eight  months  on 
an  average;  and  your  memorialists  Kver,from  their  own  personal  know- 
ledge, that  it  is  no  uncommon  occurrence  for  fishermen  to  he  thus  constantly  toil- 
hig  through  the  working  portioii  of  the  year,  and  not  earn  a  single  dollar 
(bounty  and  all  included)  over  and  above  their  outfit,  expenses,  and  the  ad- 
vances during  their  absence.*  And  it  is  thus  that,  in  seasons  of  scarcity, 
it  often  happens  that  crews  cannot  be  obtained  by  vessels  engaged  in 
the  business,  except  the  owner  will  first  guaranty  that  they  shall  make 
something  (a  sum  to  be  first  agreed  on)  in  return  for  their  labor,  over 
and  above  their  shares  of  fish,  after  deducting  the  outfits  of  the  voy- 
age." "It  is  true,"  continue  these  memorialists,  "that  in  seasons  w^hen 
fish  happen  to  be  plenty,  and  a  good  market  is  obtained  for  them,  that 
in  such  cases  both  owners  and  fishermen  realize  a  remunerating  profit 
for  their  capital  and  their  labor.  But  this  state  of  things  is  rare  rather 
than  otherwise ;  and  such  is  the  uncertainty,  and,  as  it  were,  lottery 
nature  of  the  business,  that,  in  lookinsr  around  amons:  those  who  have  been 

*  Fishenuen  eometimes  pui-sue  their  avocation  when  of  very  advanced  age.  A  remarkable 
instance  occurred  in  1842,  when  the  schooner  Elizabeth  Rebecca  arrived  at  Beverly  with  a 
full  fare  of  fish ;  her  master,  Isaac  Preston,  being  seventy-two,  and  one  of  the  crew  upwards 
of  eighty  years  old.  The  late  Captain  Andrew  Harrington,  of  Eastport,  Maine,  an  excellent 
man,  used  the  hook  and  line  without  intermission  for  half  a  centuiy. 

There  was  a  jubilee  at  Ghent  in  1841,  in  honor  of  a  fisherman  who  had  followed  his  avocation 
for  fifty  years ;  his  companions  repaired  to  his  house,  accompanied  with  twenty  violin  and 
trumpet  players,  and  after  greetiug  the  old  man  partook  of  a  plentiful  feast. 

In  Wade's  Histoiy  of  England  there  is  an  account  of  one  Henry  Jenkins,  a  poor  fisherman 
of  Yorkshire,  who,  born  in  the  year  1500,  lived  in  the  reigns  of  eight  kings  and  queens,  and 
died  in  1670,  at  the  age  of  one  hundred  and  seventy  years.  Wade  speaks  also  of  John 
Chambers,  an  English  fisherman,  who  died  in  1752,  aged  ninety-nine  years. 


205 

engaged  in  it  all  their  lives,  they  cannot  poijit  out  a,  solitary  owner  who  has 
become  ivcaJthy  from  the  irrofita  of  the  Jishing  business  alone,  nor  a  single 
fisherman,  unth  a  family  diyending  wpo?i  him  for  suj)port,  who  has  been  able 
to  lay  'U'p,from  the  earnings  of  the  business,  a  surjdusfor  his  old  age^ 

In  184S  many  crews  of  fishing  vessels  owned  in  NeAvburvport,  on 
settlini^-  with  their  owners,  for  six  and  seven  months'  hard  toil  at  sea, 
received  onl}'  about  ten  dollars  per  month  ;  and  on  this  miserable  pit- 
tance they  were  to  eke  out  the  3'ear.  They  had  obtained  good  farea 
offish,  but  were  sufTerers  i'rom  tlic  depressed  state  of  the  market. 

With  facts  like  these  before  us,  can  we  wonder  that  the  more  ambi- 
tious 3'oung  men  abandon  the  employment  at  every  opportunity? 
Should  we  not  wonder,  rather,  that  any  who  seek  to  marry  and  to  have 
homes,  and  who  are  anxious  to  "lay  up  a  surplus  for  old  age,"  remain 
in  if?  As  a  class,  their  condition  has  been  without  change.  Sixty 
years  ago  Fisher  Ames  said,  in  the  first  Congress,  that  "the  fishermen 
are  too  poor  to  remdn,  too  poor  to  remove."* 

*Thc  report  of  a  select  committee  of  Parliiiment  in  1833,  on  the  British  channel  fisheries, 
contiiins  many  interesting  facta  touching  the  same  point.  This  committee  was  appointed  in 
consequence  of  the  petitions  of  British  fishermen,  who  complained  of  their  distressful  condi- 
tion. Tlie  committee,  after  iu<}uiries,  which  embraced  the  whole  coast  between  Yarmouth  and 
Land's  End,  ruportcd  that  the  channel  fislieries,  and  th(^  interests  which  were  connected  with 
them,  were  in  a  deeliiiiug  state ;  that  "  they  appear  to  have  been  gradually  sinking  since  the 
peace  of  IS].'),  and  more  rapidly  during  the  ten  years  immediately  preceding  the  investigation; 
that  the  capital  emi)Ioyed  iu  them  did  not  yield  a  profitable  return;  tliat  the  number  of  vessels 
and  boats,  as  well  as  of  men  and  boys,  was  much  diminished;  and  that  the  fishermen's  fami- 
lies, who  formerly  paid  rates  and  taxes,  were  then,  in  a  greater  or  less  degree,  dependent  upon 
the  poor  rates." 

The  causes  assigned  by  the  committee  for  this  deplorable  state  of  things  were  three :  first, 
the  interference  of  French  fishermen;  second,  the  (juiintiry  of  foreign-caught  fish  sold  in  Lon- 
don; third,  the  decrease  and  scarcity  of  fish  in  tlw- cliaiinel.  Witli  regard  to  the  first,  they 
had  evidence  that,  for  a  long  pei'iod,  large  fleets  of  French  tisliernuMi  had  frecpiented  tlie  coasta 
of  Kent  and  Sussex,  and  diat  they  had  greatly  increased  in  number  since  IrtJo,  inasmuch  as 
there  were  no  less  than  three  hundred  sailing  out  of  Boidogue  alone.  The  French  vessels 
were  declared,  indeed,  to  be  more  numerous  than  the  Englisli  vessels,  to  bo  of  larger  size,  and 
to  cany,  frequently,  double  the  number  of  men,  as  well  as  to  use  better  nets  and  other  fishing 
gear.  The  comnuttee  reniarked,  further,  that  so  disastrous  to  liritish  fishermen  had  been 
French  interference,  that  while  many  were  unable  to  earn  a  livelihood,  some  had  been  quite 
ruined,  or  had  witiidrawu  from  the  business. 

.Siu-h  statements,  it  luighi  seem,  were  suflicieiitly  hmniliating ;  but  the  ccmimittce  avrred 
tliat  the  French  had  been  in  the  iiabit  of  nieeting  at  sea  boats  from  the  Tliames  and  elsewhere, 
wiiich  took  the  foreign-caught  fisii  to  thi'  London  market,  where,  it  is  to  be  inferred,  they  were 
sold  as  of  tilt.'  pi'oduce  of  the  British  fisheries.  This  practice  tliey  condemned  in  strong  tenns. 
Of  the  third  cause  of  distress,  the  commitree  expressed  the  opinion,  that  the  scarcit}'  of  fish 
in  the  channel  was  occasioned  by  the  great  destruction  of  spawn,  contrary  to  existing  laws  on 
till)  subject. 

To  remedy  these  several  evils,  they  suggested  that  foreiirm'rs  should  not  be  allowed  to  come 
within  a  certain  distr^ice  to  be  j)rescril)ed;  that  such  fisIieruHMi  Ite  required  to  cont(>rin  to  de- 
fined and  rigid  rulfs ;  and  that  oflicei-s  of  the  revenue,  Jind  vessels  cruising  upon  tlie  coast, 
should  be  instructed  to  euf()rci!  wiiafever  regiil;iti<ins  iniybt  lie  adopted.  They  suggested,  also, 
the  revision  of  the  statutes  relative  to  the  destruction  (d'  spawn  and  yinmg  fish,  and  to  the  use 
of  iiartinilar  kinds  of  nets,  and  the  repeal  of  other  laws  not  specially  relating  to  coasts  whioh 
they  mentioned. 

The  story  of  "aggressions,"  whether  made  by  British  subjects  on  this  side  of  the  Atlantic, 
or  on  the  other,  is  always  to  be  examined  before  it  is  rect-ived  as  truth.  In  the  cast-  before  us, 
as  in  till"  many  tales  related  by  the  committees  of  the  c<doniiil  asstjmblii.'s,  thi;re  is  sunietliing 
t^i  bi>  allowed  ;  for  it  ap])ears  that  the  English  were  "  aggressors,"  alsit,  on  the  fishiug-gronnds 
of  France  at  the  very  moii.ent  that  this  report  wns  luider  the  consideration  of  rarliauuMit.  In 
J-^;!!,  says  a  ISritish  writer  <d'  authority,  "A  rencontre  took  place  between  smnt  Jirstyjiflim^- 
liiiats  wliick  luul  in  Uu:  iiig/U  IrcspumiU  icitltin  tlic  nslrirlal  liiiiit.1  of  (ii^hf  inU<:s  off  the  I'rrnrk 
cuast,  and  a  French  armed  cutter,    One  boat  was  taken,  and  tho  master  of  another  shot."    Tho 


206 

Again :  The  fearful  disasters  and  loss  of  human  life  are  not  to  be 
overlooked  in  this  connexion.  Our  time  is  too  limited  for  general  de- 
tails ;  and  a  few  examples  will  serve  to  show  why,  in  addition  to  the 
causes  already  mentioned,  "  official  statistics"  furnish  so  few  arguments 
in  favor  of  protection  to  the  fisheries  as  "a  nursery  for  seamen." 

In  1837  seventy-eight  men  perished,  who  belonged  to  the  fishing- 
towns  of  Provincetown,  Truro,  Wellfleet,  Eastham,  Orleans,  Chatham, 
Harwich,  Brewster,  Dennis,  Yarmouth,  Barnstable,  Falmouth,  and 
Sandwich;  and  in  these  thirteen  towns  nine  hundred  and  fourteen 
widows  were  ascertained  to  be  then  living. 

In  the  great  gale  of  October,  1841,  the  town  of  Truro  alone  lost  fifty- 
seven  men,  whose  homes  were  within  a  circuit  of  two  miles ;  twenty- 
seven  of  them  were  married,  and  only  eight  were  more  than  thirty  years 

two  govemmeuts,  soon  after  this  affray,  concluded  a  convention,  in  which  provision  is  made  to 
avoid  similar  difficulties. 

In  this  connexion,  we  may  barely  glance  at  the  condition  of  things  across  the  channel.  The 
sea-fisheries  of  Ireland  are  not  of  great  importance ;  but  the  river  and  lake-fisheries  are  lucrar 
tive  to  the  owners  of  the  soil.  The  herring  and  the  pilchard  might  be  caught  in  many  places 
on  the  coast  in  abmidance,  but  the  catch  of  neither  is  large. 

As  late  as  1847,  a  debate  occurred  in  Parliament  on  the  subject  of  encouragement  to  the 
Irish  sea-fisheries,  when  the  following  facts  were  elicited  : 

"  Sir  Heniy  Winston  Barron  moved  for  a  select  committee  '  to  inquire  into  the  means  of  im- 
proving the  fisheries  in  Ireland,  and  thereby  affordmg  profitable  employment.' 

"In  the  ten  years  ending  1835,  Parliament  granted  £143,791  to  stimulate  Scotch  fisheries; 
only  £12,000  for  Irish  fisheries.  The  Scotch  fisheries  are  the  most  prosperous  in  Europe ;  and 
it  is  a  melancholy  fact,  that  Scotch  fish  to  the  value  of  £60,000  is  annually  imported  for  the 
consumption  of  the  poor  Irish.  Government  has  established  six  curing-houses  and  two  depots; 
there  ought  to  be  at  least  a  himdred  curing-houses  on  the  coasts. 

"  Mr.  Labouchere  agreed  as  to  the  necessity  of  encouraging  fisheries  in  Ireland,  but  opposed 
the  motion: 

"  It  is  a  mistake  to  suppose  that  official  encouragement  has  been  the  chief  cause  of  the 
prosperity  in  Scotland.  Private  enteiijrise  is  the  real  cause.  There  are  two  modes  in  which 
government  may  advantageously  interfere — by  constructing  piers,  and  by  establishing  curing- 
stations.  The  late  govermnent  granted  £50,000 — the  present  has  proposed  £40,000 — as 
loans  for  the  construction  of  piers.  Curing-stations  have  been  established  at  a  cost  of  £5,000, 
with  such  good  results  that  Irish  fish  is  fast  driving  Scotch  ling  out  of  the  market,  and  private 
speculators  even  from  England  are  beginning  to  turn  their  attention  to  the  Iiish  fisheries. 
The  increase  of  railroads  and  steam  navigation  will  aftbrd  a  further  encouragement.  As  to 
inquiry,  Mr.  Labouchere  objected,  that  a  committee  could  only  reproduce  the  information 
which  is  already  in  their  possession. 

The  motion  was  supported  by  Lord  George  Beutinck,  Mr.  Hume,  Mr.  Montague  Gore,  and 
Mr.  Hudson. 

"  Sir  Henry  Barron  said,  that  after  Mr.  Labouchere's  statement,  he  thought  that  he  should 
do  injury  rather  than  good  by  pressing  his  motion ;  and  he  therefore  begged  to  withdraw  it. 

"  This  led  to  a  fracas.  Several  of  the  opposition  members  met  the  hint  at  withdrawal  by  loud 
objections.  The  gallery  was  cleared  for  a  division,  but  none  took  place ;  and  when  Mr.  Agli- 
onby  urged  gentlemen  to  suffer  the  withdrawal,  Mr.  Disraeli  replied  by  a  disclosure.  Sir  Henry 
Ban'on  had  sent  to  Lord  George  Bentinck,  privately,  to  request  support  for  the  motion,  as  a 
personal  favor ;  and,  accordingly,  Lord  George  Bentinck's  friends  had  taken  care  to  '  keep  a 
House.'  This  assertion  was  disputed ;  some  members  averring  that  during  Sir  Henry  Bar- 
ron's speech  only  twenty-three  members  were  present.  ISIr.  Disraeli  afterwards  recurred  to 
the  charge,  accusing  the  Irish  members  of  interrupting  real  and  serious  discussion  of  other 
subjects  by  a  '  flashy  demonstration.'  Mr.  Labouchere  imputed  Mr.  Disraeli's  heat  to  disap- 
pointment at  not  having  been  able  to  practise  a  little  trick  upon  the  government,  and  so  to 
place  it  in  a  minority.  Apparently  more  angry  than  ever.  Lord  George  Bentinck  declared  that 
the  good  wishes  for  Ireland  entertained  by  his  party  were  thwarted  by  the  Irish  member.?. 
Nothing  had  really  been  gained  by  this  '  sham  attempt'  to  obtain  a  committee.  Sir  Henry 
Barron  denied  that  it  was  a  '  sham  attempt.'  His  object  was  to  develop  the  opinion  of  the 
House,  not  to  binng  about  a  party  division ;  and  when  he  saw  it  turning  to  a  party  question,  he 
owned  that  he  shrank  from  it.  (Ironical  cheers  from  the  Opposition.)  Eventually,  the  House 
divided,  and  the  motion  was  negatived  by  73  to  22. 


207 

of  age.     The  population  of  Truro  at  that  time  w.is  about  nineteen  hun- 
dred ;  the  number  ot  widows,  one  hunched  and  five. 

Twenty-eight  men  who  belonged  to  Dennis  were  lost  in  the  same 
gale;  of  whom  but  six  were  past  thiit}^  years  old,  and  nine  left  families. 
In  one  day,  immediately  after  this  storm,  nearly  or  quite  one  hundred 
bodies  were  taken  up  and  buried  on  Cape  Cod. 

In  a  gale  iSeptenibcn',  1S4G,  eleven  vessels  owned  atMarblehead  were 
wrecked  or  foundered,  and  sixty-tive  men  and  boys  perished  in  them. 
By  this  calamity  the  number  of  widows  in  that  town  was  increased 
forty-three,  and  the  number  of  orphan  children  one  hundred  antl  fifty- 
one.  In  the  sanie  year  sixty  fishing  skiffs  were  totally  wrecked  at 
Trinity  Bay,  Newibundland,  and  the  loss  of  life  and  property  along 
tlie  shores  of  that  island  was  appalling. 

Between  1S37  and  October,  1852,  my  record  (which  is  probably 
imperfect)  shows  that  the  single  town  of  Gloucester  lost  thirty-one  ves- 
sels, and  one  hundred  and  ninety-four  men.  In  manj^  cases  every 
person  on  board  perished. 

After  the  memorable  gnle  of  October,  1851,  on  the  coast  of  Prince 
Edward  Island  and  in  the  Gulf  of  St.  Lawrence,  the  beaches  were 
strewed  with  the  wrecks  of  American  and  British  vessels,  and  with  the 
bodies  of  men.  The  exact  number  of  those  of  both  flags  who  lost  their 
lives  is  hardly  to  be  ascertained.  But  it  is  known  that  fifty  bodies 
floated  on  shore  within  about  twenty  hours  from  the  cessation  of  the 
storm,  in  a  distance  of  twenty  miles  ;  that  ninety-seven  persons,  belong- 
ing to  thirteen  American  vessels,  were  found  on  different  parts  of  the 
coast ;  that  upwards  of  eighty  of  our  vessels  were  driven  on  shore  ;  and 
that  the  aggregate  number  of  American  fishermen  who  perished  was 
more  than  one  hundred  and  fifty.* 

It  lemains,  in  conclusion,  to  speak  of  the  character  of  the  fisherman. 
It  is  said  that  he  "  is  credulous  and  superstitious."  Admit  that  "  Kidd's 
money"  has  been  dug  for  in  every  dai-k  nook  of  the  coast,  or  talked 
about  in  every  cuddy,  for  a  century  and  a  half,  and  that  horse-shoes  are 
nailed  upon  the  masts  of  fishing-vessels  to  keep  off  witches;  what  then? 
Is  he  the  o?ili/  one  who  has  been,  or  still  is,  guiky  of  the  same  follies?  t 

*  Among  tho  fiKhonnen  of  Europe  similar  (lisastfrR  occur.  In  18^6,  six  fishing  vessels  be- 
longing to  a  villagt' on  ilic  Iiuy  of  15isca\,  France,  loundfred  in  a  violent  storm,  and  all  on 
board,  seveniy-llin-e  in  number,  jierislied.  An  aii'ecting  ceremony  lor  the  repose  of  their  souls 
was  perliirmed  iinrler  tin;  direction  of  tin;  lati;  Cardiiial  Cheverns. 

The  Galway  Vindicator,  IHi^,  contained  an  accoinit  of  the  loss  of  thirty-five  fishing  boats, 
with  crews  ot  from  fiv<;  to  six  jjcrsons  each,  making  a  total  loss  of  more  than  one  hundred  and 
seventy  fishenneii  in  a  single  gale. 

An  English  pa])er,  Hi:?,  details  (he  destruction  of  human  life  on  the  coast  of  Ireland,  in 
January  of  that  year;  from  which  it  ui)pears  that;  forty-si.\  lishermeu  |)erislie(l  at  one  place, 
and  twenty-seven  at  another;  that  si.xteen  women  wen;  made  widows;  that  eleven  wnmeii, 
who  had  previously  lost  llicir  husbands,  were  deprived  (d"su|i|iorl  by  the  loss  of  sons  and  other 
relatives;  and  that  fifiy-ei;;bt  children  were  left  liitherless.  In  l)ecend)er  of  the  last  nieniioned 
year,  says  a  London  newspa[)er,  "On  Sunday  week  sixty-nine  fishermen,  who  had  been  saved 
from  shij)wreck  during  the  awful  storm  of  tiie  •J>'th  niiinjo,  publicly  returned  tliaidvs  to  Almighty 
God,  in  ('romer  churr-b,  Xorfidk.  'J'liey  all  rose  when  their  names  were  calh'd  over  by  the 
otticiating  minister,  and  then,  on  their  knee.s,  joined  in  the  beautiful  fonii  of  thanksgiving  in  the 
church  service." 

t  In  l^i^i')  the  Duchess  de  I'.crri  \isited  a  walerini,'  jdacc  in  France,  and  indulged  in  sea- 
bathing.    Son-water  and  lish  which  wtTe  aJ"ierwar<ls  taken  from  the  spot  were  articles  of  iiu- 


208 

It  Is  said  ihat  he  "is  Ignorant."  What  then?  If  Ignorance  be  ne- 
cessarily despicable,  then  those  who  were  called  eighteen  hundred 
years  ago  to  be  "fishers  of  men,"  were  proper  objects  of  contempt.  But 
he  is  not  always  destitute  of  knowledge,  and  sometimes  retorts  upon 
his  accusers.  The  poor  fisher-boy  Jones  acquired  in  his  boat,  and 
before  he  reached  the  age  of  twenty  years,  the  Greek,  the  Hebrew, 
Latin,  French,  and  Italinn  languages;  and  read  the  Iliad,  and  many 
works  of  a  similar  description,  in  the  original  tongue.  In  a  word,  his 
astonishing  attainments  in  the  darkest  recesses  of  ancient  learning 
were  a  kingdom's  wonder.  When  asked  his  opinion  of  the  celebrated 
Dr.  Parr- — who,  in  a  long  conversation,  had  attempted  to  sound  the 
depth  and  accuracy  of  his  acquirements — he  answered  that  this  great 
scholar  was  only  "less  ignorant  than  most  men!" 

The  fisherman  Is  called  "wasteful  and  improvident."  What  then? 
If  to  mis-spend  the  mere  pittance  of  one's  own  earnings  be  a  crime 
w^orthy  of  rebuke,  what  shall  be  thought  of  those  who,  born  to  wealth 
and  polished  life,  sport  with  vi^hole  patrimonies,  waste  large  estates, 
die  sots,  and  In  penury  ? 

His  rank  is  humble ;  but  sometimes  he  inscribes  his  name  on  the 
page  of  history.  Beukels,  who  Invented  the  process  of  preserving  the 
fish  of  Holland  in  pickle,  and  who,  according  to  the  sneer,  caused  the 
"Dutchmen's  bodies  to  be  built  of  pickled  herrings,"  was  a  benefactor 
to  his  race;  and  the  Emperor  Charles  the  Fifth,  accompanied  by  his 
sister  Margaret,  of  Hungary,  visited  his  grave  and  ordered  a  magnifi- 
cent monument  to  be  erected  to  his  memory. 

Massaniello,  the  j^oung  fisherman  of  Naples,  led  his  countrymen  In 
their  revolt  against  Spanish  rule,  and  rose  to  supreme  power  more 
rapidly  than  mortal  had  ever  done  before  him;  but,  shot  down  at  last 
without  trial,  and  like  a  dog,  was  dragged  by  the  rabble  set  on  by  the 
nobles,  through  the  ditches  of  the  city.  In  American  annals,  Phlpps 
and  Pepperell  rose  to  the  highest  rank  to  which  colonial  subjects  ever 
attained,  and  were  envied  and  traduced  in  consequence  of  the  honors 
bestowed  upon  them.  In  our  own  day,  a  Spanish  fisherman  of  tJie 
name  of  Jep-del  Estango  joined  the  party  of  Don  Carlos  as  a  simple 
volunteer ;  but,  promoted  step  by  step,  was  finally  appointed  to  the 
command  of  an  army  of  eighty  thousand  men.  So,  too,  the  Count  de 
Morello,  whose  father  was  of  the  same  humble  occupation,  and  who 
himself  commenced  life  as  a  pauper-student,  became,  by  the  force  of 
his  talents  and  the  circumstances  of  a  civil  war,  the  second  general  in 
the  Carlist  army.* 

mense  value,  and  sold  at  enormous  prices.  Indeed,  those  persons  M'ho  could  not  purchase  a 
whole  fish,  gladly  possessed  themselves  of  a  few  scales,  or  a  ./Tn  /'  The  water  where  the  "  royal 
person"  had  been  washed,  when  bottled  and  offered  for  sale,  was  known  as  "Berri  hrine." 
Have  fishermen,  in  any  age,  been  guilty  of  gi'eater  folly  than  these  fashionable  people  of 
France  ? 

*  In  1750,  the  clerk  of  the  company  of  fishmongers  of  London,  in  addressing  Frederick, 
Prince  of  Wales,  made  the  remarkable  statement,  that,  "This  company,  sir,  is  famous  for  hav- 
ing had  near  three  score  lord  mayors  of  the  city  of  London,  besides  many  of  the  most  conside- 
rable merchants  and  eminent  citizens  of  it." 

It  appears  from  another  source  that  the  fishmongers'  company  is  one  of  the  oldest  in  the 
r(\ilm,  and  that  six  of  the  lord  mayors  spoken  of  were  appomted  in  the  space  of  twenty-four 
years. 

Died,  in  1797,  Solomon  Southwick,  aged  66  years.    He  was  a  native  of  Newport,  E.  L 


211 

The  fishermnn  is  n  pnvilcgecl  man.  In  the  colonization  of  Massa- 
chusetts, when  every  arm  and  every  purse  were  needed  for  the  public 
defence,  he  was  reheved  from  the  perf()rmance  of  military  duty  and  the 
payment;  of  taxes.  In  the  time  of  William  of  Orange,  when  the  avenue 
to  the  royal  palace  of  Holland  was  supported  by  a  toll  of  every  passen- 
ger, he  was  excused  and  exempted  In  war,  and  in  the  midst  of  hos- 
tile fleets,  he  has  been  allowed  to  pursue  his  avocation  unharmed. 

He  is  a  grateful  man.  In  the  war  of  the  Revolution  he  was  the 
prisoner  of  Nelson,  on  the  coast  of  Massachusetts.  Released  by  the 
young  hero,  whose  crew  were  sick  and  dying  of  the  scurv}^,  he  con- 
veyed refreshments  on  board  of  the  royal  ship  at  the  peril  of  his  own 
life. 

He  is  a  patriotic  man.  His  services,  as  a  countryman  of  ours,  and 
in  the  navies  of  England  and  France,  have  been  related.  In  the  recent 
struggle  for  liberty  in  Greece,  he  fled  from  the  continent  to  the  isles, 
where  he  was  foremost  in  resisting  the  op|>ressors  of  his  countiy.  True 
to  the  end  of  lire  contest,  he  c;ave  his  boats  and  vessels  freelv,  and 
without  recompense,  to  oe  converted  into  war  and  fire  ships. 

He  relieves  distress.  Mungo  Park,  during  his  travels  in  Africa, 
passed  tVirough  many  fishing  villages,  and  was  kindly  treated.  At  one 
the  chief  magistrate  was  rude  and  surly.  Park  was  worn  and  weary. 
A  fisherman  kindly  relieved  him  from  the  difficulties  which  surrounded 
him,  by  transporting  liim  to  a  distance  from  the  inhospitable  ruler,  in  a 
canoe. 

He  is  moved  at  the  sorrows  of  others.  Within  the  recollection*  of 
many  persons  now  living.  Major  Campbell,  of  the  British  army,  slew  a 
brother  officer  in  a  duel.  The  story  is  a  long  and  a  sad  one.  Suffice 
it  to  say  here,  that  the  extraordinary  circumstances  of  the  case  seemed 
to  place  the  Major  on  a  level  with  common  murderers;  that  he  was 
tried  and  condemned  to  die ;  and  that  great  exertions  were  made  on 
the  part  of  his  friends  to  save  him.  The  agony  of  his  wife  was  for  a 
time  intense.  By  wonderful  exertions  she  recovered  sufficient  fortitude 
to  enable  her  to  leave  Ireland  and  to  set  out  for  London,  to  throw  herself 
at  the  feel  of  majesty  and  implore  her  husband's  life.  No  steamers 
then  ciTJSsed  the  channel;  and  a  gale  of  unusual  violence  interrupted 
her  progress,  for  all  the  packet-vessels  were  on  the  opposite  side. 
*"  The  days  of  the  being  whom  she  loved  best  on  earth  were  num- 
bered. Tlie  storm  was  at  its  height;  a  mountainous  sea  broke  into 
the  harbor  while  a  crowd  anxiously  watched  the  progress  of  a  fishing- 
boat,  which,  under  close-reefed  canvass,  was  struggling  to  beat  up  to 


iFis  father  was  a  fishennan,  Jind,  f(>lli>\v"ni>,'  the  h.iiuo  Imismk'kr,  ha  nfisistcd  in  t)ic  sale  of  fish  in 
thr  madift  p1a<'e.  Wiiilf-  thus  emjtloyed,  he  attra<"te<l  the  attentinn  of  Henry  CoiliuH,  a 
wealtliy  jumI  i)Jiilaulhro]iie  citizen  of  New  port,  wlio,  pleased  uiili  liis  activity,  linndsouK"  person, 
H.U1I  sj»rij,'litlin«'s«,  took  }iiin  from  tJie  lish  sr-and  and  jirovided  for  his  edneatioti,  and  linally  e«- 
tahlislifd  him  in  eoininercial  biiHineMS.  But  as  it  merchant  Mr.  Sontlnviek  was  niifortiinafe, 
•rtiid  hecame  ahaiikrn])t.  He  retrieved  his  fortune,  hnwevt-r,  hy  marrying  a  danizhter  of  Col. 
John  (iardiner,  who  had  been  j^ovcrnor  of  liliodc  Island.  In  the  K'cv<dntion  he  was  a  whifif.  and 
performed  gimd  service  to  his  country.  A  snU'ercr  hy  c(piiiiiicntal  money,  his  fortune  was  im- 
paired a  second  time,  and  hie  latter  days  were  enihiiiered  with  poverty  and  many  iiiliruiiticH. 
He  was  a  man  nfdecldrd  ehara-ter  and  talents.  His  k:iin.  Solomon  .SoutJiwick,  ol  Now  York, 
h.ts  borne  u.  distingui.shed  part  in  the  politics  of  that  State, 
14 


212 

the  anchorage."  The  hardy  crew  triumphed  over  the  wind  and  the 
sea;  and,  mid  the  cheers  of  the  throng  and  the  caresses  of  their  wives^ 
they  disembarked.  "At  this  moment  the  sorrow  of  the  lady  attracted 
the  notice  of  the  crowd,  and  it  was  wliispered  that  she  was  wife  to  the 
unhappy  convict  whose  fate,  even  in  that  remote  region,  had  excited  un- 
usual sympathy.  An  aged  fisherman  stoodnear ;  she  asked  "  if  the  weather 
was  hkely  to  moderate  ?"  The  mariner  looked  at  the  sky  attentively 
and  shook  his  head.  "Oh  God!  he  will  be  lost,"  she  murmured; 
"  could  I  but  cross  that  angry  sea,  he  might  be  saved."  Her  words 
were  heard  by  the  crew  of  the  fishing-boat,  who  were  securing  its 
moorings.  With  one  consent  they  offered  to  carry  her  across.  "It  is 
madness,"  said  the  old  man ;  "no  boat  can  live  in  yonder  broken  sea." 
But  the  courage  of  the  noble-hearted  fishermen  was  unshaken.  She 
embarked ;  they  set  part  of  a  single  sail,  and  reached  the  shore  of  Eng- 
land in  safet3\  She  would  have  paid  them  generously:  they  refused 
her  money,  and  invoked  blessings  on  her  mission. 

He  is  true  to  the  laws.  Though  his  distresses  were  as  great  as 
could  be  borne,  at  the  time  of  "Shay's  insurrection"  he  was  not 
tainted  with  the  spirit  of  disaffection;  and  in  some  of  the  fishing  towns 
there  was  not  a  solitary  individual  of  his  calling  who  countenanced 
rebellion  or  armed  combinations  to  obtain  redress  tor  the  real  or  sup- 
posed grievances  of  the  period.  After  the  adoption  of  the  present 
constitution  of  the  United  States,  he  caused  the  apprehension  of  Bird, 
the  first  murderer  and  pirate,  who  was  tried  and  executed.* 

His  wife  may  not  be  fitted  to  adorn  the  higher  walks  of  life ;  but  she 
is  a  woman  in  her  affections  and  sympathies,  for  all  that.  It  was  a 
"fish-woman"  who  carried  Chateaubriand  to  a  hut,  who  waited  npon 
his  wants,  and  to  whom  he  owed  his  life,  when  sick,  destitute,  and 
about  to  perish.  So,  when  Giflbrd,  the  critic,  whose  unsparing  severity 
will  not  soon  be  forgotten  or  forgiven,  was  forlorn  and  in  rags,  and,  in 
his  misery,  had  ceased  to  hope,  almost  to  wish,  for  a  change,  the  pity 
of  fishermen's  wives,  and  their  continual  rehearsal  of  the  story  of  his 
sufferings  to  others,  caused  his  removal  from  a  vessel  to  a  school,  and 
thus  laid  the  foundation  of  his  subsequent  fame  as  a  scholar.  And 
who  has  not  been  touched  at  reading  of  the  custom  of  the  fish  wives 
of  Venice,  who,  repairing  to  the  shores  of  the  Adriatic  sea,  as  evening 
approaches,  chant  a  melody,  and  listen  until  they  hear  an  answer  from 
their  husbands,  who  are  guided  by  the  sounds  to  their  own  village? 

Last  of  all,  and  more  than  all,  the  fisherman  is  loyal  to  duty 
"Jesus  of  Nazareth  reigned  in  the  fishing-boat  from  which  he  taught.'^ 
The  faithless  one  who  betrayed  him  was  not  among  the  disciples  who 
had  cast  their  nets  in  the  sea  of  Galilee:  he  who  took  the  thirty  pieces 
of  silver  was  neither  Andiew,  the  first  chosen  one,  nor  Peter  his 
brother,  nor  Thomas,  nor  James,  nor  that  disciple  who,  ever  present 
with  his  beloved  master,  has  come  down  to  us  as  the  one  whom  Jesus 
loved.t 

*  In  Maine.  Bird's  counsel,  as  this  was  the  first  case,  endeavored  to  more  the  clemency  of 
the  President  on  that  account.     Washington  was  inexorable. 

tThe  lake  of  Genuesareth  was  the  chief  scene  of  the  miiacles  and  preaching  of  our  Sa- 
viour.    It  abounds  in  fish  of  several  kinds  i^eculiar  to  its  waters.    In  the  time  of  Ves^jasiaa 


209 

The  snme  fidelity  is  fdund  in  profnne  histor3\  Cnius  Marius,  ns  he 
fled  from  the  court  of  Ilicnipscl  of  Niimidia,  uttered  the  prophetic 
words,  "Go.  say  to  the  Roman  governor  tliat  ihou  hast  seen  the  exile 
Marius  sitting  on  the  ruins  of  Carthage,"  and,  embarking  in  a  fishing- 
boat,  was  borne  beyond  the  reach  of  his  enemies  and  pursuers.  The 
illustrious  Pompey  M'as  overtln-own  on  the  plains  of  Pliarsalia:  shel- 
tered in  the  hut  of  a  fish(>rjnan  the  night  which  followed  his  ruin,  he 
set  sail  on  the  morrow  to  meet  his  wife,  Cornelia — and  to  perish. 

The  beautiful  Mary  of  Scotland  suffered  a  decisive  defeat  from  her 
rebel  lords:  adopting  the  resolution  of  throwing  herself  on  the  protec- 
tion of  Elizabeth  of  England,  she  crossed  the  Frith  of  Solway  in  a 
fishing-bark,  and  was  safe  from  her  own  subjects;  but  the  act  was 
fatal  to  herself,  and  gave  a  new  and  a  strange  coloring  to  the  subse- 
quent part  of  Elizabeth's  life  and  reign.  The  battle  of  Worcester  was 
lost  to  the  second  Charles,  and  he  fled  for  his  life;  and  who  was  more 
true  to  him  in  his  hour  of  need  than  the  fisherman  Tattersal,  who,  as 
he  bore  the  fallen  monarch  from  the  shores  of  England,  exclaimed, 
'•By  the  grace  of  God,  I  w-ill  venture  my  life  and  all  f()r  him,  and  set 
him  safe  in  Fra.nce,  if  I  can!"  So,  too,  the  battle  of  Culloden  sealed 
the  fate  of  Prince  Charles  Edward,  the  Pretender,  and  he  also  fled : 
thirty  thousand  pounds  was  the  price  which  tempted  men  to  betray 
him;  but  he  sought  the  huts  and  boats  of  the  "ignorant,  the  super- 
stitious, and  the  improvident  class  of  men"  who  had  been  faithflil  to 
his  dynasty,  and  eluded  the  vigilance  of  his  enemies.* 

it  became  the  seat  of  war.  The  poorGalileeans  in  their  light  fishing  boats  could  not  witlistnnd 
the  heavy  barks  of  the  R^mians,  and  were  overcoini',  ami  were  slaughtered  l»y  thousanils.  '-The 
blue  waters  of  the  whole  lake,"  says  a  historian  of  the  Jews,  "were  tinged  with  blood,  and  its 
clear  surfiace  exhaled  for  several  days  a  fu'iid  steam.  Tli*  shores  were  strewn  with  tiie  wreck.s 
of  boats  and  swollen  bodies  that  lay  rotting  in  the  sun,  and  infected  the  air  till  the  conquerors 
themselves  shrunk  from  the  effects  of  their  own  barbarities." 

.Sir  Thomas  Browne,  an  English  physician  of  great  fame  in  hi.s  time,  who  died  in  KiH^,  wrote 
a  tract  entitled  "  A  letter  on  the  fishes  eaten  by  our  Saviour  with  his  discijilt's  after  his  resur- 
rection from  the  dead."  But  this  treatise,  remarks  his  biographer,  "is  unsatisfactory  in  its  re- 
sult, as  all  the  information  that  diligence  or  learning  could  supply  consists  in  an  enumeration 
of  the  fishes  jirodiiccd  in  the  waters  of  Jndea." 

The  travels  of  modern  times  coinain  sonu-  information  which  relates  to  our  subject.  "In 
the  dirty  town  of  Tiberias,"  says  Elliott,  in  1S'.'>S,  "  wher.;  Christians  and  Jews  are  ban- 
ished to  a  distance  from  their  mussulman  htrds,  a  church,  with  an  arched  stone  roof  in  tlie 
form  of  a  tent  upside  dowTi,  perpetuates  the  memory  of  the  house  occupied  by  St.  i'eter;  or, 
as  others  maintain,  of  the  spot  where  the  disciples  conveyed  to  the  shores  tlie  miraculous 
draught  of  fishes."  Again,  says  tht^  same  traveller,  on  the  shore  of  Galilee  is  the  village  of 
Majdal,  which  gave  its  name  to  Mary  Magdalene,  and  was  the  spot  whirlier  our  Saviour  re- 
tired after  the  miracle  of  the  louves  and  fishes."  On  the  northern  e.xtieniiiy  of  the  lake  ho 
came  to  a  "mass  of  rniuii  called  ■{"ali^iiiMniih,  which  mark  thi'  site  of  an  ancient  town.  The 
only  indications  of  life  are  a  mill  and  a  few  huts  made  of  rushes,  occupied  by  two  or  three 
fishermen.  Its  position  points  it  out  as  an  eligii)le  lishing  |ilace;  and  such  is  the  imjiort  of  tho 
word  Bethsaida,  which  city,  if  not  situate  on  this  spot,  coubl  not  liave  been  very  far  of!"  Here 
we  halted,  and  re4Ue8t<'d  the  tenant  of  one  of  the  huts  to  throw  in  hi.s  line  and  let  us  taste  tho 
jiroduce  iif  the  sea.  In  a  i'aw  minufes  each  of  us  wa.s  ))resented  with  a  fish  i)roilcd  on  a  plate 
of  iron,  according  to  the  custom  of  the  country,  and  wrapped  in  a  large  flat  wafer-like  cake,  a 
foot  in  diameter,  of  which  one  was  spread  as  a  tal>le-cloiii,  and  two  others  served  as  iiai)kins. 
'thus  we  niadi-  a  n-past,  on  rli.;  bunks  id'  the  sea  (d'  TilMTJas,  of  what  was  almost  literally  'five 
loaves  and  two  small  fishes.'  " 

From  the  viil.igcs  cd"  .Mount  Lebanon,  and  liom  ])oiMts  far  above  th«!  bed  of  the  sea,  Elliott 
procured  fossil  shell-fish,  and  a  box  of  fish  fomid  ind)edded  in  lime. 

•The  fishennen,  as  a  cla-ss,  were,  I  ouppose,  loyal  to  the  Stuarts.  Iveaders  of  English 
history,  and  pariicidarly  of  diaries  ajid  letters  of  the  Beveuteenlii  cciiMuy,  arrive,  probably, 
at  the  name  conclusion. 

It  was  said  in   lOUO,  after  the  RcBtoratiun,  by  tiie  royalists,  that  during  the  time  of  "  Red- 


210 

My  task  is  finished.  I  have  traced,  with  a  rapid  hand,  the  outlines 
of  the  civil,  statistical,  political,  and  diplomatic  history  of  the  principal 
American  sea  fisheries,  from  their  origin  to  the  present  time.  I  have 
endeavored  to  be  careful  in  my  authorities,  and  accurate  in  my  state- 
ments. That,  however,  I  have  sometimes  arrived  at  erroneous  conclu- 
sions, is  probable ;  and  that  I  have  occasionally  misapprehended  facts, 
is  almost  certain.  In  the  performance  of  such  a  duty,  some  mistakes 
are  unavoidable.  I  have  spoken  earnestly,  and,  permit  me  to  add, 
honestly,  in  behalf  of  a  great  branch  of  national  industry. 

My  case  is  so  like  that  of  the  renowned  "John  Smith,  Admirall," 
that  I  cannot  forbear  once  more  to  quote  his  words.  "But  because," 
said  he,  "I  speak  so  much  of  fishing,  if  any  take  me  for  such  a  devout 
fisher  as  I  dream  of  nought  else,  they  mistake  me.  I  know  a  ring  of 
gold  from  a  grain  of  barley  as  well  as  a  goldsmith;  and  nothing  is 
here  to  be  had  which  fishing  doth  hinder,  but  further  us  to  obtain." 


nosed  Noll"  as  Cromwell  was  called,  the  fish  forsook  the  seas  in  very  disgust  at  his  wicked 
rule,  and  one  of  them,  in  rejoicing  over  the  return  of  Charles,  declares  that  "our  mischiefs 
began  with  tumult  and  sedition,  and  we  are  restored  to  our  former  felicity  with  miracles ;  that 
the  sea-coast,  famous  for  fishery,  was  barren  since  his  Majesty  went  from  Scotland  to  Worces- 
ter, insomuch  that  the  poor  men  who  subsisted  by  the  trade  were  reduced  to  go  a  begging ; 
but  that  now,  blessed  be  God,  since  his  Majesty's  return,  the  seas  are  so  plentiful  that  in  some 
places  "  sole  were  even  used  to  dress  the  land;  "an  argument,"  continued  the  pious  monarch 
ist,  "sufficient  to  stop  the  black  mouths  of  those  wretches  that  would  have  persuaded  the  peo* 
p'.e  that  curses  were  entailed  upon  the  royal  family." 


215 


PAUT  IV. 

HISTORICAL  VIEW  OF  THE  CONTROVERSY  AS  TO  THE  INTENT  AND  MEAN- 
ING OF  THE  FIRST  ARTICLE  OF  THE  CONVENTION  OF  1818. 


The  documents*  submitted  by  the  President,  in  answer  to  the  reso- 
lution of  the  Senate  of  July  23,  1852,  embracing  as  they  do  the  able 
and  spirited  defence  of  our  rights,  by  Mr.  Everett,  never  before  pub- 
lished, as  well  as  several  other  papers  of  interest,  afford  much  valuable 
information.  But  yet,  it  is  apparent  that  our  archives  are  singularly 
deficient  in  documentary  evidence  to  show  both  sides  of  the  contro- 
versy as  it  really  exists.  We  have  already  seen  that  the  loyalists,  or 
"tories,"  opposed  any  stipulations  whatever,  at  the  peace  of  1783,  and 
we  are  now  to  find  that  the  principal  cause  of  our  difficulties  since  that 
time — whether  past  or  present — on  the  question  of  the  fisheries,  is  to 
be  traced  to  the  same  source. 

At  the  close  of  the  Revolution,  justice  and  good  policy  both  required 
of  our  fathers  a  general  amnesty,  and  the  revocation  of  the  laws  of 
disability  and  banishment ;  so  that  all  adherents  of  the  crown  who  de- 
sired, might  become  American  citizens.  Instead  of  this,  however,  the 
State  legislatures,  generally,  continued  in  a  course  of  hostile  action, 
and  treated  the  conscientious  and  the  pure,  and  the  unprincipled  and 
corrupt,  with  the  same  indiscrimination  as  they  had  done  during  the 
struggle.  The  tories  were  ruined  and  humbled  men.  Most  of  them 
would  have  easily  fallen  into  respect  for  the  new  state  of  things,  old 
friendships  and  intimacies  would  have  been  revived,  and  long  before 
this  time  all  would  have  mingled  in  one  mass;  but  in  some  parts  of 
the  United  States  there  seems  to  have  been  a  determination  to  drive 
them  from  the  country  at  all  hazards,  as  men  undeserving  of"  human 
sympathy.  Eventually,  popular  indignation  diminished;  the  statute- 
book  was  divested  of  its  most  objectionable  enactments,  and  numbers 
were  permitted  to  occupy  their  old  homes,  and  to  recover  the  whole  or 
a  j)art  of  their  property;  but  by  far  the  greater  part  of  the  loyalists, 
who  quitted  the  thirteen  StJites  at  the  commencement  of  or  during  the 
war,  never  returned ;  and  of  the  many  thousands  who  abandoned  their 
native  land  at  the  peace,  and  while  these  enactments  were  in  force, 
few,  comparatively,  had  the  wish,  or  even  the  means,  to  revisit  the 
country  from  which  they  were  expelled.  It  cannot  be  denied,  and  we 
of  this  generation  should  admit,  that  our  fathers  dealt  harshly  with 
many,  and  unjustly  with  some,  of  their  oj)p()nents.  Indeed,  whoever 
visits  the  British  colonies  will  be  convinced  that  persons  were  doomed 
to  misery  who  were  as  true  in  heart  and  hoj)e  as  was  Washington  him- 
self; that,  in  the  divisions  of  families  which  everywhere  occurred,  and 
which  f()rmed  one  of  the  most  distressing  circumstances  of  the  ci»nllict, 
there  wer<;  wives  and  daughters  who,  although  bound  to  loyalists  by 
the  holiest  ties,  had  given  their  sympathies  to  the  whigs  from  the  be- 

•  Executive  Docuinont,  No.  100. 


216 

ginning,  and  who,  in  the  triumph  of  the  cause  which  had  had  their 
prayers,  went  meekly — as  woman  ever  meets  a  sorrowful  lot — ^into 
hopeless,  interminable  exile.  It  is  to  be  lamented  that  better  counsels 
did  not  prevail.  Had  New  York,  Massachusetts,  and  Virginia  espe- 
cially, been  either  merciful  or  just,  transactions  which,  in  ages  to  come, 
will  be  very  likely  to  put  us  on  our  defence,  would  not  stain  our  annals. 
The  example  of  South  Carolina  should  have  been  followed  by  all.  As 
it  was,  whigs  whose  gallantry  in  the  field,  whose  prudence  in  the 
cabinet,  and  whose  exertions  in  diplomatic  stations  abroad,  had  con- 
tributed essentially  to  the  success  of  the  conflict,  were  regarded  with 
enmity  on  account  of  their  attempts  to  produce  a  better  state  of  feeling 
and  more  humane  legislation. 

As  a  matter  of  expediency,  how  unwise  was  it  to  continue  to  per- 
petuate the  opponents  of  the  Revolution,  and  to  keep  them  a  distinct 
class,  for  a  time,  and  for  harm  yet  unknown!  How  ill-judged  the 
measures  that  caused  them  to  settle  the  hitherto  neglected  possessions 
of  the  British  crown !  Nova  Scotia  had  been  won  and  lost,  and  lost 
and  won,  in  the  wars  between  France  and  England,  and  the  blood  of 
New  England  had  been  poured  upon  its  soil  like  water ;  but  when  we 
drove  thousands  and  tens  of  thousands  of  our  countrymen  tO'  seek  a 
refuge  there,  what  was  it?  Before  the  war,  the  fisheries  of  its  coast — 
for  the  prosecution  of  which  Halifax  itself  was  founded — comprised,  in 
public  estimation,  its  chief  value ;  and  though  Great  Britain  had  quietly 
possessed  it  for  about  seventy  years,  the  emigration  to  it  of  loyalists 
from  the  United  States,  in  a  single  year,  more  than  doubled  its  popula- 
tion. By  causing  the  expatriation,  then,  of  the  adherents  of  the  British 
crown,  among  whom  were  the  well-educated,  the  ambitious,  and  the 
well-versed  in  politics,  we  became  the  f(:)unders  of  two  British  colonies, 
for  it  is  to  be  remembered  that  New  Brunswick  formed  a  part  of  Nova 
Scotia  until  1784,  and  that  the  necessity  of  the  division  then  made 
was  of  our  own  creation.  In  like  manner,  we  became  the  founders  of 
Upper  Canada.  The  lo3^alists  of  our  Revolution  were  the  first  settlers 
of  the  territorjr  thus  denominated  by  the  act  of  1791  ;*  and  the  princi- 
pal object  of  the  line  of  division  of  Canada,  as  established  by  Mr.  Pitt's 
act,  was  to  place  them,  as  a  body,  by  themselves,  and  to  allow  them  to 
be  governed  by  laws  more  congenial  than  those  which  were  deemed 
requisite  for  the  subordination  of  the  French  on  the  St.  Lawrence.  The 
government  for  which  they  had  become  exiles  was  liberal  to  them;  it 
gave  them  lands,  tools,  materials  for  buildings,  and  means  of  sul^sist- 
ence  for  two  3^ears,  and  to  each  of  their  children  (at  the  age  of  twenty- 
one)  two  hundred  acres  of  land.  And  besides  this,  of  the  offices 
created  by  the  organization  of  a  new  colonial  government,  they  were 
the  chief  recipients. 

Should  it  be  rephed  that  Nova  Scotia,  New  Brunswick,  and  Canada 
"West,  without  accessions  from  the  United  States,  would  have  risen  to 
importance  ere  this,  I  answer,  that  there  is  good  reason  to  doubt  it; 

*  It  was  in  a  debate  on  this  bill,  that  Fox  and  Bm-ke  severed  the  ties  of  friendship  which 
had  existed  between  them  for  a  long  period.  The  scene  was  one  of  the  most  interesting  that 
had  ever  occurred  in  the  House  of  Commons.  Fox,  overcome  by  his  emotions,  wept  aloud. 
Burke's  previous  course  with  regard  to  the  French  revolution  had  rendered  a  rupture  at  soia© 
time  probable,  perhaps  certain. 


213 

l>ecai]SP,  in  the  first  plnce,  of  the  many  thonsnncli?  who  nnnnnlly  come 
irom  Europe  to  America,  but  a  small  proportion  land  on  the  shores  of" 
these  colonies,  and  because  the  most  of  those  who  do,  soon  leave  for 
"the  States,"  notwithstanding  the  inducements  held  out  to  emigrants 
by  the  colonial  and  home  gf)vemments  to  settle  on  the  territories  of  tlie 
crown.  J^ut  w(^re  it  otherwise,  the  force  of  the  remark  is  in  no  degree 
diminished,  f()r  the  obvious  r(\ason,  that,  had  we  pursued  a.  wise  course 
at  the  peace  of  'S3,  people  of  American  origin  would  not  have  become 
our  rivals  in  ship-building,  in  the  carriage  of  our  great  staples  to  Eu- 
rope, in  the  prosecution  of  the  fisheries,  and  in  the  production  of  wheat 
and  other  breadstuffs.  Nor  is  this  all.  We  should  not  have  had  the 
hatred,  the  influence,  and  the  talents  of  persons  of  loyalist  descent,  to 
contend  against,  in  the  long  and  vexed  controversy  relative  to  our 
northeastern  boundary,  nor  continual  difficulty  about,  and  upon,  the 
fishing  grounds.  It  is  to  be  observed,  moreover,  that  the  operation 
of  these  causes  has  been,  and  will  continue  to  be,  no  slight  obstacle  in 
the  way  of  adjusting  such  questions,  since  the  children  and  kinsmen 
of  the  loyalists  have  no  inconsiderable  share  in  determining  colonial 
councils,  and  in  the  shaping  of  remonstrances  and  representations  to 
the  British  ministry.  And  whoever  takes  into  view  the  fact  that  the 
pufferings  and  sacrifices  of  the  fathers  are  well  remembered  by  the 
descendants,  and  that,  under  the  monarchical  form,  hereditary  descent 
of  official  station  is  vciy  common,  will  agree  with  me  in  the  belief, 
that  evils  from  this  source  are  far  from  beino:  at  an  end.  There  are 
still  those  in  the  colonies,  who,  remembering  only  that  they  are  de- 
scended from  the  exiled  losers  in  the  revolutionary  strife,  would  keep 
alive,  and  perpetuate  for  generations  to  come,  the  dissensions  of  the 
past;  but  their  number,  we  may  hope,  is  rapidly  diminishing.  To  ex- 
tend and  strengthen  the  sj^mpathies  of  human  brotherhood  is  a 
Christian  duty;  and  to  unite  kinsmen,  who  were  severed  by  events 
which  dismembered  an  empire,  is  a  work  in  which  all  may  now  en- 
gage, without  incurring  the  reproach  of  disloyalt}"  on  the  one  hand,  or 
of  the  want  of  patriotism  on  the  other. 

These  remarks  explain,  and  account  fi)r,  the  pertinacity  of  the  colo- 
nists, and  serve  to  indicate  tliat  tliey,  and  not  the  British  government, 
are  the  real  party  opposed  to  us  in  this  controversy.  As  we  progress 
in  our  inquiries,  we  shall  find  abundant  evidence  to  show,  that  England 
has  moved  with  great,  with  avowed  reluctance,  against  us;  and  that 
while  the  colonies  of  Canada,  Prince  Edward  Island,  and  New 
lirunswick,  have  remained  almost  indifferent,  down  to  a  very  recent 
day.  Nova  Scotia,  on  the  contrary,  lias  pressed  the  subject  of  "Ameri- 
can aggressions"  upon  the  attention  of  the  ministry,  with  hardly  an 
intermission,  for  a  term  of  years.  The  last  named  colony,  it  may  be 
pertinent  to  observr-,  maintains  extreme  opinions  upon  all  political 
<jucstions,  demanrling  concessions  and  privileges  entirely  inconsistent 
with  colonial  dt.-pcndence,  and  asserting  nnd  insisting  on  doctiines 
which  no  whig  of  our  Ilcwolution,  in  his  loftiest  mood,  even  so  much 
as  wrote  or  spoke  to  his  most  cherished  friend;  as  the  letters  of  the 
Hon.  Joseph  Howe  to  Lord  John  llussell,  in  184G,  and  the  course  of 
the  "Lib(  rals,"  generally,  prov(!  bcvnnd  disj)utc. 

Some  well-informed  persons   have  expressed  the  opinion,  that,  until 


214 

within  a  few  years,  our  fishermen  have  had  no  cause  to  complam  of 
their  colonial  competitors.  It  is  not  so.  Those  who  consult  our  state 
papers  will  find,  that,  as  early  as  1806,  the  inhabitants  of  the  counties 
of  Barnstable  and  Plymouth,  Massachusetts,  who  stated  that  they  pro- 
cured their  livelihood  by  fishing,  memoriahsed  Congress  on  the  subject 
of  existing  grievances,  and  desired  redress.  They  represented  that 
they  were  much  injured  in  the  sale  of  their  fish  in  consequence  of  the 
American  market  bemg  glutted  with  English  fi&b;  that  they  were  fired 
upon  and  brought  to  by  English  cruisers  when  falling  in  with  them  in 
going  to,  and  coming  from,  the  fishing  grounds;  that  they  were  im- 
posed upon;  that  they  were  compelled  to  pay  light-money  if  they 
passed  through  the  Strait  of  Canso;  that  their  men  were  ira-prisoned ; 
and  that  if  they  anchored  in  the  colonial  harbors,  they  were  compelled 
to  pay  anchorage  money.  Thus  the  complaints  in  1806  were  nearly 
identical  with  those  in  1852. 

In  the  year  1807  the  colonists  appealed  to  the  British  government 
on  the  subject  of  the  fisheries  within  colonial  jurisdiction,  and  the  "ag- 
gressions" of  their  republican  neighbors.  Looking  with  jealous  eyes 
upon  the  extent  of  our  adventures  to  their  waters,  they  employed  a 
watchman  to  count  the  number  of  American  vessels  which  passed 
through  the  Strait  of  Canso  in  a  season.  This  watchman  reported 
that  he  saw  nine  hundred  and  thirty-eight.  As  many  passed  in  fogs, 
and  in  the  night-time,  and  were  unseen  by  him,  the  whole  number 
was  not  less,  probably,  than  thirteen  hundred.  Without  enumerating 
other  acts  of  the  colonists  which  show  tlieir  hostile  feelings  towards  us, 
I  will  barely  add  that  many  of  them  preferred  that  the  difficulties  then 
pending  between  England*and  the  United  States  should  terminate  in  a 
war;  for,  as  was  believed  and  said,  a  war  would  put  an  end  to  our 
rights  of  fishing  in  British  America,  inasmuch  as  it  would  annul  the 
stipulations  of  the  treaty  of  1783.* 

The  event  which  so  many  of  our  banished  countrymen  anticipated 
with  complacency,  occurred  in  1812.  In  the  year  following,  a  deter- 
mination was  manifested  to  exclude  us  from  the  colonial  fishing-grounds 
on  the  return  of  peace.  It  was  represented  in  memorials,  that  the  Ameri- 
can fishermen  abused  their  privileges  to  the  injury  of  his  Majesty's  sub- 
jects; that  the  existence  of  Great  Britain  as  a  power  of  the  first  rank, 
depended  mainly  upon  her  sovereignty  of  the  seas;  and  that  sound 
policy  required  the  exclusion  of  both  France  and  the  United  States 
States  from  any  participation  in  the  fisheries.  It  was,  furthermore,  insisted 

*  A  highly  respectahle  gentleman,  of  loyalist  descent,  related  to  me  the  following  incident, 
which  will  serve  to  illustrate  the  temper  of  the  time :  "  I  went,"  said  he,  "  to  see  my  uncle, 
who,  as  I  entered  the  house,  accosted  me  thus,  in  great  glee :  '  Well,  Willie,  there'll  be  war, 
and  I  shall  die  on  the  old  farm  after  all.'  'How  so?'  rejoined  my  informant.  'How  does  it 
follow  that,  if  a  war  really  occurs,  you  will  die  on  the  old  farm?'  '  How!'  petulantly  replied 
the  imcle ;  "ichy,  icon't  England  tchip  the  blasted  rebels,  and  shan''t  we  all  get  our  lands  back 
again?'  "  This  loyal  old  gentleman  is  now  dead.  He  was  a  native  of  New  York,  and  lost 
his  property — the  "  old  farm" — uuder  the  Confiscation  act  of  that  State.  At  the  clo.se  of  the 
Revolution  he  settled  on  the  British  side  of  the  St.  Croix,  where  many  persons  of  his  lineage 
still  live.  This  is  by  no  means  a  solitary  instance  of  the  hopes  entertained  as  to  the  result  of 
a  conflict  between  the  two  nations.  In  1807  many  of  our  banished  countrymen  were  not  only 
alive,  but  in  full  vigor ;  and  the  expectation  was  common  among  them  that,  in  the  event  of  hos- 
tilities, their  interest  would  be  promoted,  either  by  stipulations  in  their  favor  in  the  treaty  oS 
peace,  or  by  the  abrogation  of  our  fishing  rights,  as  stated  in  the  text. 


219 

that  fiftocn  linndrcd  American  vessels  had  been  engagecl  in  the  Labra- 
dor fishery  aloiu;,  in  a  single  season  ;  that  these  vessels  earried  and  dealt 
out  teas,  coffee,  spirits,  and  other  artieles,  on  whieh  no  duty  was  paid; 
that  these  smugglers  and  interlopers  exercised  a  ruinous  influence  upon 
the  British  fishery  and  the  morals  of  British  fishermen;  that  men,  provis- 
ions, and  outfits  were  cheaper  in  the  United  States  than  elsewhere,  and 
that  of  consecjuencc  British  fishermen  on  the  coast  could  buy  what  they 
needed  on  better  terms  of  the  American  vessels  than  of  the  colonial  mer- 
cliants;  and  hence  the  memorialists  expressed  the  hope  that  f(:)n'igners 
would  no  longer  be  permitted  to  visit  the  colonial  waters  for  the  pur- 
pose of  fishing.  These  representations  created  a  sensation  in  Massa-  . 
cliusctts,  and  were  the  topic  of  comment  there  and  in  other  parts  of  the 
countiy-  The  Boston  Centinel  pithily  said,  that  they  were  ^^  alarmingly 
interesting;''''  and  as  far  south  as  Baltimore  the  New  England  senti- 
ment of  '■'■no  peace  without  the  fisheries,''''  was  echoed  and  approved. 

In  1814,  Mr.  Canning,  in  the  British  Parliament,  urged  upon  tlie 
government  the  necessity  of  giving  due  consideration  to  the  question  of 
the  fisheries,  in  the  adjustment  of  terms  of  peace.  In  our  treaty  of 
17S3,  said  he,  "we  gave  away  more  than  we  ought;  and  we  never 
now  hear  of  that  treaty  but  as  a  troj)hy  of  victory  on  the  one  hand,  or 
the  monument  of  degradation  and  shame  on  the  other.  We  ought  to 
refer,  in  questions  w  ith  America,  to  the  state  in  which  we  now  stand, 
rather  than  that  in  which  we  once  stood." 

The  principle  asserted  by  the  American  commissioners  at  Ghent, 
Mr.  Russell  alone  excepted,  has  been  stated  and  need  not  be  repeated 
here.  It  was  assumed  in  England,  and  in  the  colonies,  that  that  prin- 
ciple was  in  contravention  of  public  law,*  and  British  statesmen  and 
British  colonists  claimed  to  exclude  our  vessels  from  the  fishing- 
grounds,  and  even  to  seize  them  when  found  there.  The  government 
of  Nova  Scotia  was  especially  zealous  and  prompt  in  protecting  her 
supposed  interests,  and  in  proclaiming  the  penalty  of  confiscation  to 
American  intmders  upon  her  coasts.  In  1815  the  commander  of  his 
Majesty's  ship-of-war  the  Jasscur,  heeding  the  clamors  of  the  colonists 
more  than  the  qualified  instructions  of  the  admiralty,  commenced  the 
seizure  of  our  fishing  vessels;  and  in  one  day  in  June  of  that  year, 
sent  no  less  than  eight  into  the  port  of  Halifax  as  lawful  prizes.  This 
outrage,  and  tlie  right  assumed  by  the  commander  of  this  ship  to  warn 
our  fishermen  not  to  come  within  sixty  miles  of  the  coast,  (as  else- 
where remarked,)  led  to  negotiations  and  to  the  convention  of  1818. 
Mr.  Baker,  the  British  charge  d'affiiires,  in  reply  to  Mr.  Monroe's 
note  of  July  18,  1815,  declared  that  the  commander  ofthe  Jasseur  had 
transcended  his  authority,  and  gave  the  assurance  that  orders  had  been 
transmitted  to  the  naval  olficers  on  the  Halifax  and  Newfoundland 
stations,  which  would  "prevent  the  recurrence  of  any  similar  interrup 
tion;"  but  the  schooner  Nabby  was  seized  by  his  Majesty's  ship  Sara- 
cen, Captain  Gore,  and  proceedings  in  the  admiralty  court  of  Nova 
Scotia  were  instituted  against  her  in  August,  ISIS,  only  two  months 
before  the  convention  w%'is  concluded.  Elcv(^n  o\hvx  American  vessels 
were  seized  by  Captain  Chambers,  under  orders  fiom  Admiral  Milne, 
for  alleged  violations  of  British  maritime  jurisdiction.  'J'iiat  some  of 
these  vessels  were  captured  for  good  cause,  is  quite  probable;  but  yet. 


220 

the  comity  between  nations,  aside  from  the  assurance  of  the  British 
charge  d'affaires,  required  that  while  negotiations  were  pending,  the 
officers  of  the  British  navy  on  the  American  station  should  have  been 
instructed  to  suspend  captures,  and  to  have  merely  warned  off  such 
vessels  as  were  found  infringing  upon  what  were  held  to  be  British 
rights ;  for  it  is  to  be  recollected  that,  claiming,  as  we  did,  to  fish  under 
the  treaty  of  1783,  we  were  entitled  essentially  to  exercise  all  the 
privileges  of  catcJmig  enjoyed  by  British  subjects,  until  the  differences 
between  the  two  cabinets  were  adjusted. 

On  the  14th  of  June,  1819,  Parliament  passed  "An  act  to  enable  his 
Majesty  to  make  regulations  with  respect  to  the  taking  and  curing  fish 
on  certain  parts  of  the  coasts  of  Newfoundland,  Labrador,  and  his 
Majest3^'s  other  possessions  in  North  America,  according  to  a  conven- 
tion made  between  his  Majesty  and  the  United  States  of  America." 

It  is  now  pretended  that  this  law  asserts  the  recent  construction  of 
the  convention,  as  relates  to  our  exclusion  from  the  great  "6oys." 
That  pretension  will  be  examined  in  due  time.  The  act,  after  reciting 
the  first  article  of  the  convention,  provides,  first,  that  "it  shall  and  may 
be  lawful  for  his  Majesty,  by  and  with  the  advice  of  his  Majesty's 
privy  council,  by  any  order,  or  order  in  council,  to  be  from  time  to 
time  made  for  that  purpose,  to  make  such  regulations,  and  to  give  such 
directions,  orders,  and  instructions  to  the  governor  of  Neufoimdland,  or 
to  any  officer  or  officers  on  that  station,  or  to  any  other  person  or  per- 
sons, whomsoever,  as  shall  or  may  be  from  time  to  time  deemed 
proper  and  necessary  for  the  carrying  into  effect  the  purposes  of  the 
said  convention,  with  relation  to  the  taking,  drying,  and  curing  of  fish 
by  inhabitants  of  the  United  States  o^  America,  in  common  with  British 
subjects,  within  the  hmits  set  forth  in  the  said  article  of  the  said  con- 
vention, and  hereinbefore  recited;  any  act  or  acts  of  Parhament,  or 
any  law,  custom,  or  usage,  to  the  contrary  in  any  wise  notwithstand- 
ing." 

Second,  that  "it  shall  not  be  lawful  for  any  person  or  persons,  not 
being  a  natural-born  subject  of  his  Majesty,  in  any  foreign  ship,  vessel, 
or  boat,  nor  for  any  person  in  any  ship,  vessel,  or  boat,  other  than  such 
as  shall  be  navigated  according  to  the  laws  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  to  fish  for  or  take,  dry,  or  cure,  any  fish  of 
any  kind  whatever,  within  three  marine  miles  of  any  coasts,  ba3's, 
creeks,  or  harbors  whatever,  in  any  port  of  his  Majesty's  dominions  in 
America,  not  included  within  the  limits  specified  and  described  in  the 
first  article  of  the  said  convention,  and  hereinbefore  recited ;  and  thcit 
if  any  such  foreign  ship,  vessel,  or  boat,  or  any  persons  on  board  there- 
of, shall  be  found  fishing,  or  to  have  been  fishing,  or  preparing  to  fish 
within  such  distance  of  such  coasts,  bays,  creeks,  or  harbors,  within 
such  parts  of  his  Majesty's  dominions  in  America,  out  of  the  said  limits  as 
aforesaid,  all  such  ships,  vessels,  and  boats,  together  with  their  cargoes, 
and  all  guns,  ammunition,  tackle,  apparel,  furniture,  and  stores,  shall 
be  forfeited." 

Third,  that  "it  shall  and  may  be  lawful  for  any  fisherman  of  the  said 
United  States  to  enter  into  any  such  bays  or  harbors  of  his  Britannic 
Majesty's  dominions  in  America  as  are  last  mentioned,  for  the  purpose 
of  shelter  and  repairing  damages  therein,  and  of  purchasing  wood  and 


217 

of  obtaining  water,  and  for  no  other  purpose  whatever — subject,  never- 
theless, to  such  restrictions  as  may  be  necessary  to  prevent  such  fisher- 
men of  the  said  United  Slates  from  taking,  drying  or  curing  fish  in  tlie 
said  bays  or  harbors,  or  in  an}^  other  manner  whatever  a])using  the  said 
privilog(>s  hj  the  said  treat}''  and  by  this  act  reserved  to  them,  and  as 
shall  for  that  purpose  be  imposed  by  an}^  order  or  orders  to  be  from 
time  to  time  made  by  his  Majesty  in  council,  under  the  authority  of  this 
act,  and  by  any  regulations  which  shall  be  issued  by  the  governor,  or 
person  exercising  the  office  of  governor,  in  any  such  parts  of  his  Majes- 
ty's dominions  in  America,  under  or  in  pursuance  of  any  such  order  in 
council,  as  aforesaid." 

Fourth,  that  "  if  any  person  or  persons,  upon  requisition  made  by  the 
governor  of  Newfoundland,  or  the  person  exercising  the  office  of  gov- 
ernor, or  by  any  governor,  or  person  exercising  the  office  of  governor,  in 
any  other  parts  of  his  Ma  jest^-'s  dominions  in  America  as  aforesaid,  or  by 
an}'  officer  or  officers  acting  under  such  governor,  or  person  exercising  the 
oliice  of  governor,  in  the  execution  of  any  orders  and  instructions  from 
his  Majesty  in  council,  shall  refuse  to  depart  from  such  bays  or  harbors ; 
or  if  any  person  or  persons  shall  refuse  or  neglect  to  conform  to  any 
re2:ulations  or  directions  which  shall  be  made  or  given  for  the  execution 
of  any  of  the  purposes  of  this  act;  every  such  person  so  refusing  or 
otherwise  offending  against  this  act  shall  forfeit  the  sum  of  two  hun- 
dred pounds." 

Reserving  comments  upon  this  statute  for  another  place,  we  proceed 
with  our  narrative.  The  four  years  succeeding  the  ratification  of  the 
convention,  were  years  of  comparative  quiet  and  security.  But  in 
1S23,  the  ships-of-war  Argus*  and  Sparrow-hawk  spread  alarn:  among 
our  fishermen  who  were  employed  in  the  Bay  of  Fundy,  and  elsewhere 
in  the  waters  of  Nova  Scotia  and  New  Brunswick.  They  molested 
some,  and  ruined  the  voyages  of  others;  but  the  Charles  of  York, 
Maine — a  prize  to  the  Argus — is  believed  to  be  the  only  vessel  captured 
and  sent  intt)  port  for  trial. 

In  1S24,  Captain  Iloaro,  of  his  Majesty's  brig  Dotterel,  seized  nine 
vessels. t  The  conduct  of  this  g(^ntleman  caused  much  excitement  and 
indignation.  I  personally  witnessed  many  of  his  proceedings.  How- 
ever censurable  his  general  course,  it  is  not  remembered  that  he  dis- 
turbed the  humble  men  who  fish  in  small  open  boats  in  the  Bay  of 
Passamafjuoddy,  and  in  waters  always  considered  free  and  common 
to  the  people  of  the  two  flags.  Of  the  vessels  which  he  captured,  one 
was  retaken  by  her  crew,  assisted  by  one  of  his  own  men ;  and  two 
others  were  rescued  by  their  crews,  aided  by  an  armed  party  fj-om 
Eastport. 

In  September,  three  memorials,  signed  by  citizens  of  Maine  who 
were  aggrieved  by  the  acts  of  Captain  lloare,  were  transmitted  to  the 
President.  These  papers,  with  the  accompanying  protests  and  depo- 
sitions as  to  the  wrongs  complained  of,  f()rmcd  the  subject  of  a  corre- 
spondence between  the  Acting  Secretary  of  State  and  tlie  liiitish 
chargd  d'afliiires.      No  results  f()llo\ve(i.      Our  countrymen  demanded 

*  Formerly  of  tho  Unitfd  States  navy,  and  cjiptiircd  in  the  war  of  1H12. 
t  The  documents  Hiihmitted  to  the  Senate  Ijy  the  President,  August,  1852,  contain  several 
papers  conBected  with  matters  in  the  Bay  of  Fundy  at  this  period. 


218 

indemnity  and  reparation.  The  British  functionary  required,  on  the 
other  hand,  "the  punishment  of  the  transgressors  for  the  act  of  violence 
perpetrated  on  persons  bearing  his  Majesty's  commission  while  engaged 
in  the  discharge  of  their  public  duties."  Meantime,  the  President  di- 
rected Ether  Shepley,*  the  attorney  of  the  United  States  for  Maine,  to 
proceed  to  the  frontier  and  make  inquiry  into  the  circumstances  of  the 
matters  in  dispute,  and  especially  those  attending  the  recapture  of  the 
three  vessels  just  referred  to.  That  Captain  Hoare  was  sometimes 
unjustly  reproached  by  our  fishermen,  was  admitted  by  the  calm  and 
considerate  in  1824;  and  this  fact,  in  common  fairness,  ought  to  be 
stated  in  this  brief  record  of  the  troubles  which  are  connected  with  his 
command  of  the  Dotterel,  and  which  will  not  soon  be  forgotten  by  those 
who  live  on  the  eastern  border  of  Maine.  The  charge  preferred  against 
him  that  he  converted  the  vessels  which  he  seized  into  tenders  for 
assisting  him  in  his  operations  "  prior  to  their  adjudication  in  the  courts," 
he  denied  in  the  most  explicit  terms.  It  was  never  proved  to  be  true. 
It  may  be  said,  also,  that  the  capture  of  seven  of  his  prizes  was  held  to 
be  justifiable  by  the  British  charge  d'affaires  in  his  correspondence 
with  Mr.  Adams.  The  accuracy  of  this  opinion,  however,  we  shall 
have  occasion  to  dispute. 

The  excitement  occasioned  by  the  zeal  with  which  Captain  Hoare 
"  guarded  the  coasts  from  the  intrusion  of  foreign  fishermen  and  smug- 
glers," did  not  suddenly  cease.  In  1825,  his  conduct,  on  motion  of  the 
Hon.  Jeremiah  O'Brien,  who  represented  the  frontier  district  of  Maine, 
became  a  subject  of  inquiry  in  Congress;  and  the  United  States 
schooner  Porpoise,  under  the  command  of  Lieutenant  Parker,  was  des- 
patched to  the  Bay  of  Fundy  for  the  protection  of  our  flag. 

Early  in  182G,  the  Dotterel  was  again  the  terror  of  our  fishermen. 
The  presence  of  the  United  States  sloop-of-war  Lexington,  Captain 
Shubrick,  under  orders  to  cruise  upon  the  fishing  grounds,  relieved 
their  fears;  and  the  season  passed  away  without  any  serious  disturb- 
ance. But  there  had  been  no  adjustment  of  the  difficulties  which 
occurred  in  1824.  The  note  of  the  British  charge  d'affaires  to  our 
government,  relative  to  the  recapture  of  two  of  the  Dotterel's  prizes, 
had  not,  in  fact,  been  answered.  Meantime,  Mr.  Adams  had  passed 
from  the  Department  of  State  to  the  Executive  Mansion.  Mr.  Clay 
had  succeeded  him ;  and  a  new  British  minister  had  arrived  in  the 
United  States  to  treat  with  the  new  administration.  To  have  delayed 
a  reply  to  that  note  for  a  year  and  a  half,  was  equivalent  to  a  refiisal ; 
and  it  could  hardly  be  hoped  by  Mr.  Vaughan,  that  Mr.  Adams  would 
permit,  as  President,  what  he  had  declined  as  Secretary  of  State.  Yet, 
on  the  29th  of  April, t  that  functionary  called  the  attention  of  Mr.  Clay 
to  the  fact  that  his  predecessor,  on  the  fifth  of  October,  1824,  had  in- 
formed our  government  "  that  an  outrage  had  been  committed  by  some 
armed  citizens  of  the  State  of  Maine,  in  forcibly  rescuing,  off  Eastport, 
two  American  vessels,  the  Reindeer  and  Ruby,  which  had  been  cap- 
tured by  his  Majesty's  cruisers  while  fishing  in  the  Bay  of  Fundy  in 
places  where  the  United  States  had  by  treaty  renounced  the  right  so 

*  The  present  chief  justice  of  the  supreme  court  of  Maine, 
t  Executive  Document  100,  pages  54, 55. 


223 

to  do;"  and  In  renewing  the  request  "for  an  ncknowledgment  of  the 
improper  conduct  ot'  the  persons  engaged  in "  the  enterprise,  he  re- 
marked that  "  the  British  government  w;is  disposed  to  waive  all  dcinnnd 
for  the  punishment  ot'tlie  offenders,  as  the  act  resulted  appareutl}'  from 
unpremeditated  violence." 

It  docs  not  appear  that  Mr.  Clay  ever  replied  to  this  letter,  or  tluit 
the  required  "acknowledgment"  was  ever  made  in  any  form. 

The  naval  and  di])lomatic  officers  of"  his  Majesty  attached  far  more 
importance  to  this  afliur  than  it  deserved.  Admiral  Lake  stated,  and 
the  British  charge  d'afiaircs  repeated  to  Mr.  Adams,  that  the  Reindeer 
and  ]{.uby  were  rescued  "  by  two  schooners  and  an  open  boat,  under 
American  colors,  full  of  armed  men,  with  muskets  and  fixed  bayonets, 
amounting  to  about  one  hundred,  headed  by  a  Mr.  Howard,*  of  East- 
port,  who  is  said  to  be  a  captain  in  the  United  States  militia."  But  the 
truth  is,  that  "Mr.  Howard"  was  a  mere  stripling,  and  a  merchant's 
apprentice.  I  was  a  witness  to  the  whole  affray.  The  two  vessels 
in  (juestion  were  partly  owned  by  young  Howard's  employers.  As 
ihey  hove  in  sight  under  charge  of  Captain  Hoare's  prize-masters,  a 
party  of  some  thirty  persons,  many  of  whom  were  boys,  and  without 
"muskets"  or  weapons  of  any  sort,  were  hastily  collected  and  em- 
barked. The  deed  was  bravely  done,  and  at  the  moment  won  the 
plaudits  of  grave  men.  Persons  of  mature  years  who  deliberately  arm 
themselves  to  expound  treaty  stipulations,  are  not  to  be  justified;  but 
the  acts  of  generous,  impulsive  youth,  admit  of  apology  and  extenua- 
tion. 

The  period  of  quiet  which  followed  the  transactions  last  noticed  indi- 
cates that  Captain  Hoare  was  too  zealous,  or  that  his  successors  were 
remiss  in  the  performance  of  their  duty,  or  that  the  masters  of  our  fish- 
ing vessels  suddenly  reformed  their  practices,  and  conformed  to  the 
provisions  of  the  convention.  In  January,  1836,  Mr.  Bankhead,  the 
British  charge  d'affaires,  at  the  instance  of  the  colonial  authorities, 
called  the  attention  of  Mr.  Forsyth,  Secretary  of  State, t  to  '■'■repeated 
acts  of  irregularity  committed  by  fishermen  of  the  United  States;"  but 
the  papers  which  accompanied  his  note  specify  the  encroachments  of 
a  single  vessel  only — namely,  the  schooner  Bethel,  of  Provincetown, 
Massachusetts.  Still,  the  President,  "without  waiting  for  an  examina- 
tion of  the  general  complaint,"  or  that  of  the  solitary  instance  cited, 
"directed  the  Secretary  of  the  Treasury  to  instruct  the  collectors  to  in- 
form the  masters,  owners,  and  others  engaged  in  the  fisheries,  that  com- 
plaints have  been  made,  and  to  enjoin  upon  those  persons  a  strict  ob- 
servance of  the  limits  assigned  for  taking,  drying,  and  curing  fish  by 
the  American  fishermen,  under  the  convention  of  1818." 

In  March,  of  the  same  year,  an  act  was  passed  by  Nova  Scotia  of 
extreme,  and,  in  some  of  its  provisions,  of  inexcusable  s(werity.  It  pro- 
vides (among  other  things  not  material  to  our  j)resent  purpose) — 

That  "officers  of  the  colonial  revenue,  sherifis,  magistrates,  and  any 


•William  A.  Howard,  Bubsequently  a  midshipman  in  the  United  States  navy,  and  a  cap- 
tnbi  in  the  n-vonn*'  Kcnio*-.  Ho  was  in  roniinand  of  llie  steam  cutter  McLi.ino  at  ttie  uttiick 
Q/i  Vfra  Cruz,  fluriiij;  the  late  war  with  Mexieo. 

t  Executiva  Doeunn-ut,  JOO,  p.  55. 


224 

other  person  duly  commissioned  for  that  purpose,  may  go  on  board  any 
vessel  or  boat  withm  any  harbor  in  the  province,  or  hovering  within 
three  miles  of  any  of  the  coasts  or  harbors  thereof,  and  stay  on  board 
so  long  as  she  may  remain  within  such  place  or  distance." 

That  "if  such  vessel  or  boat  be  bound  elsewhere,  and  shall  continue 
within  such  harbor  or  so  hovering  for  twenty-four  hours  after  the  master 
shall  have  been  required  to  depart,  any  one  of  the  officers  above  men- 
tioned may  bring  such  vessel  or  boat  into  port  and  search  her  cargo, 
and  also  examine  the  master  upon  oath,  and  if  the  master  or  person  in 
command  shall  not  truly  answer  the  questions  demanded  of  him  in  such 
examination,  he  shall  forfeit  one  hundred  pounds ;  and  if  there  be  any 
prohibited  goods  on  board,  then  such  vessel  or  boat,  and  the  cargo 
thereof,  shall  be  forfeited." 

That  "if  the  vessel  or  boat  shall  be  forei,gn,  and  not  navigated  ac- 
cording to  the  laws  of  Great  Britain  and  Ireland,  and  shall  have  been 
found  fishing,  or  preparing  to  fish,  or  to  have  been  fishing,  within  three 
marine  miles  of  such  coasts  or  harbors,  such  vessel  or  boat  and  the 
cargo  shall  be  forfeited." 

That  "if  any  seizure  take  place  and  a  dispute  arise,  the  proof  touch- 
ing the  illegality  thereof  shall  be  upon  the  owner  or  claimant." 

That  "no  person  shall  enter  a  claim  to  an3^thing  seized  until  security 
shall  have  been  given,  in  a  penalt}^  not  exceeding  sixty  pounds,  to  an- 
swer and  pay  costs  occasioned  by  such  claim;  and  in  default  of  such 
security,  the  things  seized  shall  be  adjudged  forfeited  and  shall  be  con- 
demned." 

That  "  no  writ  shall  be  sued  out  against  any  officer  or  other  person 
authorized  to  seize  for  anything  done  until  one  month  after  notice  in 
writing,  delivered  to  him  or  left  at  his  usual  place  of  abode  by  the  per- 
son intending  to  sue  out  such  writ,  his  attorney  or  agent,  in  which  no- 
tice shall  be  contained  the  cause  of  action,  the  name  and  place  of  abode 
of  the  person  M^ho  is  to  bring  the  action,  and  of  his  attorney  or  agent ; 
and  no  evidence  of  any  cause  of  action  shall  be  produced,  except  such 
as  shall  be  contained  in  such  notice." 

That  "every  such  action  shall  be  brought  within  three  months  after 
the  cause  thereof  has  arisen." 

That  "if  on  any  information  or  suit  brought  to  trial  on  account  of 
any  seizure,  judgment  shall  be  given  for  the  claimant,  and  the  judge 
or  court  shall  certify  on  the  record  that  there  was  probable  cause  of 
seizure,  the  claimant  shall  not  recover  costs,  nor  shall  the  person  who 
made  the  seizure  be  liable  to  any  indictment  or  suit  on  account  thereof." 
And  if  any  suit  or  prosecution  be  brought  against  any  person  on  ac- 
count of  such  seizure,  and  judgment  shall  be  given  against  him,  and  the 
judge  or  court  shall  certify  that  there  was  probable  cause  for  the  seiz- 
ure, then  the  plaintiff,  besides  the  thing  seized  or  its  value,  shall  not 
recover  more  than  twopence  damages,  nor  any  costs  of  suit,  nor  shall 
the  defendant  be  fined  more  than  one  shilling," 

That  "the  seizmg  officer  may,  within  one  month  after  notice  of  ac- 
tion received,  tender  amends  to  the  party  complaining,  or  his  attorney 
or  agent,  and  plead  such  tender." 

That  "all  actions  lor  the  recovery  of  penalties  or  forfeitures  imposed 
must  be  commenced  within  three  years  ailer  the  offence  committed." 


221 

And  that  "no  appeal  shall  be  pi-osccutcd  from  any  decree  or  sentence 
of  any  court  in  this  province  touching  any  penalty  or  forfeiture,  unless 
the  inhibition  be  aj^plied  l()r  and  decreed  within  twelvemonths  from  tlie 
decree  or  sentence  being  pronounced." 

The  next  measure  of  Nova  Scotia  was  in  1S37,  when  an  elaborate 
report  on  the  subject  of  the  fisheries  was  submitted  to  tiie  House  of 
A.-^scmbly,  which  embraced  a  plan  of  protection  by  the  employment 
of  steamers  on  the  part  of  the  home  government,  and  of  a  preventive 
force  on  the  part  of  the  government  of  the  colony.  The  latter  recom- 
mcndatit)n  was  adopted. 

But  the  design  of  committing  the  ministry  to  the  plans  of  political 
leaders  in  this  loyal  possession  of  the  British  crown  was  not  aban- 
doned. Early  in  1S38  a  joint  address  of  tlie  Legislative  Council  and 
House  of  Assembly  was  transmitted  to  the  Queen,  complaining  of  the 
habitual  violation  of  the  convention  of  ISIS  by  American  citizens,  and 
praying  for  an  additional  naval  force  to  put  an  end  to  these  aggressions. 
In  November,  of  that  year.  Lord  Glenelg,  the  colonial  secretary,  in  a 
despatch  to  Lieutenant  General  Sir  Colin  Campbell,  lieutenant  governor 
of  Nova  Scolia,  rem;irked,  in  reply  to  this  address,  that — 

"In  obedience  to  her  Majesty's  commands,  this  subject  has  engaged 
the  serious  attention  of  her  Majesty's  government,  and  it  has  been  de- 
termined for  the  future  to  station,  during  the  fishing  season,  an  armed 
force  on  the  coast  of  Nova  Scotia  to  eniijrce  a  more  strict  observance 
of  the  provisions  of  the  treaty  by  American  citizens,  and  her  Majesty's 
minister  at  Washington  has  been  instructed  to  invite  the  friendly  co- 
operation of  the  American  government  for  that  purpose. 

"  The  necessary  directions  having  been  conveyed  to  the  lords  com 
missioners  of  the  admiralty,  their  lordships  have  issued  orders  to  the 
naval  commander-in-chief  on  the  West  Indian  and  North  American 
station  to  detach,  as  soon  as  the  fishing  season  shall  commence,  a  small 
vessel  to  the  coast  of  Nova  Scotia,  and  another  to  Prince  Edward 
Island,  to  protect  the  fisheries.  The  commanders  of  tliese  vessels  will 
be  cautioned  to  take  care  that,  while  supporting  the  rights  of  British 
subjects,  they  do  not  themselves  overstep  the  bounds  of  the  treaty. 
You  will  of  course  afford  them  every  intormation  and  assistance  which 
they  may  require  lor  the  correct  execution  of  this  duty.  I  trust  that 
measures  will  prove  satisfactory  to  the  legislature  of  Nova  Scotia." 

In  March,  1S39,  the  consul  of  the  United  States  at  Pictou  addressed 
a  letter  to  iNIr.  Forsyth,  Secretary  of  State,  in  which,  after  referring  to 
the  seizure  of  several  of  our  fishing  vessels  during  the  previous  3^ear, 
he  said  that — 

"  The  Biiti.-h  government  has  decided  to  send  out  two  armed  ves- 
sels, to  be  stationed  during  the  fishing  season  on  these  coasts,  for  the 
pur])ose  of  preventing  any  infringements  of  the  treaty  ;  and  although  I 
am  well  aware  that  much  oi  the  outcry  which  has  been  made  on  this 
subject  has  had  its  origin  in  the  disappointed  feelings  of  Nova  Scotia 
fishermen,  on  seeing  themselves  so  tar  outstri])ped  in  the  successful  pur- 
suits of  so  valualjlc  a  biam  h  of  conunerce  by  superior  perseverance 
and  skill  of  their  enterprising  nt.ighltors,  yet  I  know  that,  within  my 
consular  district,  a  tempting  shoal  of  fish  is  sometimes,  eiihrr  liom  ig- 
nortmce(;r  the  exeitemenl  of  the  moment,  i()llowed  across  the  prescribed 


222 

limits }  and  I  suppose  that  during  the  ensuing  season  the  greatest  vigi* 
lance  will  be  displayed  in  looking  after  offenders." 

The  seizures  in  the  course  of  the  year  were  numerous.  The  Java, 
Battelle,  Ma3^flower,  Charles,  Ehza,  Shetland,  Hyder  Ally,  Independ-^ 
ence,  Hart,  Ocean,  Director,  Atlas,  Magnoha,  Amazon,  and  Three 
Brothers,  were  among  the  number ;  whether  for  justifiable  cause,  will 
form  the  subject  of  inquiry  in  another  place.  Her  Majestji-'s  cruisers 
spread  consternation  on  the  fishing-grounds  throughout  the  season.  The 
Hon.  Keith  Stewart,  in  command  of  the  Ringdove,  was  as  much 
dreaded  by  our  fishermen  in  the  Bay  of  Fundy  as  Captain  Hoare  had 
been,  in  the  Dotterel,  in  the  year  1824.  In  July,  a  gentleman  of  one  of 
the  frontier  ports  of  Maine  informed  an  official  personage  at  Washing- 
ton that  four  or  five  hundred  American  fishing  vessels  were  then  in 
that  bay ;  that  the  complaints  of  the  colonists  of  the  island  of  Grand 
Menan  had  caused  the  commanders  of  the  British  cruisers  to  refuse 
shelter  to  our  flag  even  in  stormy  weather ;  that  nearly  one  hundred  ot 
oiu"  vessels,  which  had  been  driven  from  positions  secured  to  them  by 
the  treaty,  had  fled  for  refuge  to  a  single  harbor  on  the  American  side 
of  the  line ;  and  that  our  fishermen  were  generally  armed,  and  would 
not  bear  the  indignities  to  which  they  were  exposed.  He  added  that 
"  they  can  furnish  some  thousands  of  as  fearless  men  as  can  be  found 
anywhere,  at  short  notice ;  and,  unless  our  government  send  an  armed 
vessel  without  delay,  3'ou  will  shortly  hear  of  bloodshed."  Such  was 
the  condition  of  things,  now  well  remembered,  at  and  near  the  border. 
Elsewhere  there  was  so  much  difficulty  and  excitement  that  the  mas- 
ters of  our  vessels,  whether  at  sea  or  at  anchor,  felt  themselves  unsafe  ; 
and,  molested  along  the  entire  coast  of  Nova  Scotia,  many  of  them  ad- 
justed their  affairs  at  the  close  of  the  season  without  reward  lor  their 
toil  and  exposure,  and  in  sadness  of  spirit  as  to  the  future.  In  a  word, 
there  seemed  to  persons  of  calm  judgment  a  determination  on  the  part 
of  colonial  politicians  to  drive  our  countrymen  to  extremities.  To  ex- 
clude us  from  the  Bays  of  Fundy  and  Chaleurs,  and  other  large  bays, 
by  lines  drawn  from  headland  to  headland;  to  deny  to  us  resort  to  the 
colonial  ports  and  harbors  for  shelter  and  to  procure  wood  and  water, 
except  in  cases  of  actual  distress ;  to  dispute  our  right  to  fish  on  the 
sko7-es  of  the  Magdalene  islands,  and  thus  to  render  the  treaty  stipula- 
tion valueless ;  and  to  close  against  us  the  Strait  of  Canso,  and  of  con- 
sequence to  compel  us  to  make  the  dangerous  voyage  round  the  island 
of  Cape  Breton,  when  bound  to  or  from  the  Gulf  of  St.  Lawrence, 
are  among  the  pretensions  of  Nova  Scotia  seriously  asserted  in  the 
memorable  year  1839.  The  seizures  of  our  vessels,  and  the  other  pro- 
ceedings which  we  have  briefly  noticed,  attracted  the  attention  of  our 
government,  and  the  United  States  schooner  Grampus,  under  the  com- 
mand of  Lieutenant  John  S.  Paine,  was  despatched  to  the  scene  of 
alarm  and  commotion.  Lieutenant  Paine  informed  himself  of  the  mat- 
ters in  dispute,  and  performed  his  duty  with  zeal  and  efficiency.  In 
his  official  report  to  Mr.  Forsyth,  Secretary  of  State,  he  observes  that 
"  the  injustice  and  annoyance  suffered  by  our  fishermen  had  so  irritated 


225 

tbein,  that  there  was  ground  to  believe  that  violence  would  be  resorted 
to,  utdess  some  understanding  should  be  had  before  another  season."* 

In  M;irch,  1S40,  the  Assembly  of  Nova  Scotia  passed  nnother  address 
to  the  (^ueen,  in  which  her  Majesty  was  again  reminded  of  the  griev- 
ances of  her  subjects  of  that  cohjny.  Our  government  in  the  l()llowing 
monih,  and,  as  now  appears,  for  the  first  time,  communicated  with  our 
minister  at  the  Court  of  St.  James  on  the  subject  of  the  fisheries,  but 
yet  without  instructions  to  make  a  statement  of  our  wrongs  to  the 
government  to  which  he  was  accredited. 

The  early  part  of  the  year  1S41  is  fruitful  of  events  which  show  the 
progress  of  the  controversy,  and  the  development  of  colonial  ])lans  and 
pretensions.  On  the  20th  of  February,  Mr.  Forsyth,  Secretary  of 
State,  addressed  Mr.  Stevenson,  at  London,  a  letter  of  definitive  in- 
structions, in  which  he  reviewed  the  points  in  dispute,  and  stated  that 
he  was  directed  by  the  President  to  convey  his  desire  that  a  represent- 
ation should  be  made  to  her  Majesty's  government,  immediately  on 
recei{)t  of  the  despatch,  earnestly  remonstrating  "against  the  illegal 
and  vexatious  proceedings  of  the  authorities  of  Nova  Scotia  towards 
our  fishermen,"  and  requesting  of  the  ministry  "that  measures  be 
forthwith  adopted"  to  remedy  "the  evils  arising  out  of  this  misconcep- 
tion on  the  part  of  the  provincial"  government,  "and  to  prevent  the 
possibility  of  the  recurrence  of  similar  acts."  Mr.  Stevenson's  atten- 
tion to  the  representations  of  Mr.  Fors^nh  was  prompt.  On  the  27th 
of  March  he  wrote  to  Lord  Palmerston  as  follows  :* 

"  The  undersigned,  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary from  the  United  States,  has  the  honor  to  acquaint  Lord  Viscount 
Palmerston,  her  Majesty's  Principal  Secretary  of  State  for  Foreign 
Affairs,  that  he  has  been  instructed  to  bring  to  the  notice  of  her  Ma- 
jesty's government,  without  delay,  certain  proceedings  of  the  colonial 
authorities  of  Nova  Scotia,  in  relation  to  the  seizure  and  interruption  of 
the  vessels  and  citizens  of  the  United  States  engaged  in  intercourse 
with  the  ports  of  Nova  Scotia  and  the  prosecution  of  the  fisheries  on 
its  nrnghboring  coasts,  and  which,  in  the  opinion  of  the  American  gov- 
ernment, demand  the  prompt  interposition  of  her  Majesty's  govern- 
ment. For  this  purpose  the  undersigned  takes  leave  to  submit  to  Lord 
Palmerston  the  following  representation: 

"  JW  the  first  article  of  the  convention  between  Great  Britain  and  the 
United  States,  signed  at  London  on  the  20th  October,  1813,  it  is  pro- 
vided : 

"  1st.  That  the  inhabitants  of  the  L'^nited  States  shall  have  forever, 
in  common  with  the  subjects  of  Great  Britain,  the  liberty  to  lake 
fish  of  every  kind  on  that  part  of  the  southern  coast  of  Newfoundland 
which  extends  from  Cape  Ray  to  the  liameau  islands,  on  the  western 
aufl  northern  coast  of  Newfoundland,  from  the  said  Ca{)e  Ray  to  the 
(^uir{)()n  islands,  on  the  shores  of  the  Magdalene  islands;  and  also  on 
the  coasts,  bays,  harbors,  and  creeks,  from  .Mount  .loly,  on  the  southern 
coast  of  Tiabrador,  to  and  through  the  Straits  of  Bellisle,  and  thence 

•Exeoiitive  Document  JOO,  page  113. 

15 


226 

northwardly  indefinitely  alone:  the  coast,  without  prejudice,  however, 
to  the  exclusive  rights  of  the  Hudson  Bay  Company. 

"2d.  That  the  Americans  shnll  also  have  liberty,  forever,  to  dry  and 
cure  fish  in  any  part  of  the  unsettled  ba3\s,  harbors,  and  creeks,  of  the 
southern  portion  of  the  coast  of  Newfoundland  before  described,  and 
of  the  coast  of  Labrador,  the  United  States  renouncing  any  liberty  be- 
fore enjoyed  by  their  citizens  to  take  the  fish  within  three  miles  of  any 
coasts,  bays,  creeks,  or  harbors  of  the  British  dominions  in  America, 
not  included  within  the  above  limits,  i.  e.,  Newfoundland  and  Labra- 
dor. 

"3d.  That  American  fishermen  shall  also  be  admitted  to  enter  such 
bays  or  harbors  for  the  purpose  of  shelter,  and  of  repairing  damages 
therein,  and  also  of  purchasing  wood  and  obtaining  water,  under  such 
restrictions  only  as  might  be  necessary  to  jirevent  their  taking,  drying  or 
curing  fish  therein,  or  uhusing  the  privileges  reserved,  to  them.  Such  are  the 
stipulations  of  the  treaty,  and  they  are  believed  to  be  too  plain  and 
explicit  to  leave  room  for  doubt  or  misapprehension,  or  render  the  dis- 
cussion of  the  respective  rights  of  the  two  countries  at  this  time  neces- 
sary. Indeed,  it  does  not  appear  that  any  conflicting  question  of  right 
between  them  has  as  yet  arisen  out  of  the  difierences  of  opinion  re- 
garding the  true  intent  and  meaning  of  the  treaty.  It  appears,  how- 
ever, that  in  the  actual  application  of  the  provisions  of  the  convention, 
(committed  on  the  part  of  Great  Britain  to  the  hands  of  subordinate 
agents,  subject  to  and  controlled  by  local  legislation,)  difficulties,  grow- 
ing out  of  individual  acts,  have  unfortunately  sprung  up,  among  the 
most  important  of  wdiich  have  been  recent  seizures  of  American  ves- 
sels for  supposed  violations  of  the  treaty.  These  have  been  made,  it 
is  believed,  under  color  of  a  provincial  law,  (6th  Wra.  4,  chap.  8,  1836,) 
passed,  doubtless,  with  a  view  to  restrict  vigorously,  if  not  intended  to 
aim  a  fatal  blow  at  the  fisheries  of  the  United  States  on  the  coast  of 
Newfoundland. 

"It  also  appears,  from  information  recently  received  by  the  govern- 
ment of  the  United  States,  that  the  provincial  authorities  assume  a  right 
to  exclude  the  vessels  of  the  United  States  from  all  their  bays,  (even 
including  those  of  Fundy  and  Chaleur,)  and  likewise  to  prohibit  their 
approach  within  three  miles  of  a  line  drawn  from  headland  to  headland, 
instead  of  from  the  indents  of  the  shores  of  the  provinces!  They  also 
assert  the  right  of  excluding  them  from  British  ports,  unless  in  actual 
distress,  warning  them  to  depart  or  get  under  weigh  and  leave  harbor 
whenever  the  provincial  custom-house  or  British  naval  officer  shall  sup- 
pose that  the}^  have  remained  there  a  reasonable  time,  and  this  without 
a  full  examination  of  the  circumstances  under  which  they  may  have 
entered  the  poit.  Now,  the  fishermen  of  the  United  States  believe  (if 
uniform  practice  is  any  evidence  of  correct  construction)  that  they  can, 
with  propriety,  take  fish  anywhere  on  the  coasts  of  the  British  prov- 
inces, if  not  nearer  than  three  maiine  miles  to  land,  and  have  the  right  to 
their  ports  lor  shelter,  wood  and  water;  nor  has  this  claim,  it  is  be- 
lieved, ever  been  seriously  disputed,  based,  as  it  is,  on  the  plain  and 
obvious  terms  of  the  convention.  Indeed,  the  main  object  of  the 
treaty  was  not  only  to  secure  to  American  fishermen,  in  the  pursuit  of 
their  employment,  the  right  of  fishing,  but  likewise  to  insure  him  as 


227 

large  a  proportion  of  the  conveniences  afTordcd  i^y  the  neighboring 
coasts  of  British  settlements  as  might  be  reconcilable  with  just  rights 
and  interests  of  British  subjects,  and  the  due  administration  of  her 
Majesty's  dominions.  The  construction,  therefore,  which  has  been  at- 
tempted to  be  put  upon  the  stipulations  of  the  treaty  by  the  authorities 
of  iSova  Scotia,  is  directly  in  conOict  with  their  object,  and  entirely 
subversive  of  the  rights  and  interests  of  the  citizens  of  the  United 
States.  It  is  one,  moreover,  which  would  lead  to  the  abandonment,  to 
a  great  extent,  of  a  highly  important  branch  of  American  industry, 
which  could  not  for  a  moment  be  admitted  by  the  government  of  the 
United  States.  The  undersigned  has  also  been  instructed  to  acquaint 
Lord  Palmerston  thut  the  Ameiican  government  has  received  informa- 
tion, that  in  the  House  of  Assembly  in  Nova  Scotia,  during  the  session 
of  lS39-'40,  an  address  to  her  Majesty  was  voted,  suggesting  the  ex- 
tension to  adjoining  British  colonies  of  rules  and  regidations  relating  to 
the  fisheries,  similar  to  those  in  actual  operation  in  that  province,  and 
which  have  proved  so  onerous  to  the  fishermen  of  the  United  States; 
and  tluit  eH'orts,  it  is  understood,  are  still  making  to  induce  the  other 
colonies  to  unite  with  Nova  Scotia  in  this  restrictive  system.  Some  of 
the  provisions  of  her  code  are  of  the  most  extraordinaiy  character. 
Among  these  is  one  which  declares  that  any  foreign  vessel  i^reparing 
to 'fish  within  three  miles  of  the  coast  of  any  of  her  Majest3''s  dominions 
in  America,  shall,  together  with  the  cargo,  be  forfeited;  that  in  all 
cases  of  seizure,  the  owner  or  claimant  of  the  vessel,  &c.,  shall  be  held 
to  prove  his  innocence  or  pa}^  treble  costs;  that  he  shall  be  forced  to 
try  his  action  within  three  months,  and  give  one  month's  notice,  at  least 
to  the  seizing  officer,  containing  everything  to  be  proved  against  him, 
before  any  suit  can  be  instituted;  and  also  prove  that  the  notice  has 
been  given.  The  seizing  officer,  moreover,  is  almost  wholly  irrespon- 
sible, inasmuch  as  he  is  liable  to  no  prosecution,  if  the  judge  certifies 
that  there  is  probable  cause ;  and  the  plaintiff,  if  successful  in  his  suit, 
is  only  to  be  entitled  to  tivojiaice  damages,  without  costs,  and  the  de- 
fendant fined  not  more  than  o?ic  shiliiiig.  In  short,  some  of  these  rules 
and  regulations  are  violations  of  well  established  princi2">les  of  the 
common  law  of  England,  and  of  the  principles  of  the  just  laws  of  all 
civilized  nations,  and  would  seem  to  have  been  designed  to  enable  her 
Majesty's  authorities  to  seize  and  confiscate  with  impunity  American 
vessels,  and  embezzle,  indiscriminately,  the  property  of  American  citi- 
zens employed  in  the  fisheries  on  the  coasts  of  the  British  provinces. 
It  may  be  proper,  also,  on  this  occasion,  to  bring  to  the  notice  of  her 
Miijesty's  government  the  assertion  of  the  provincial  legislature,  'that 
the  Gut  or  Strait  of  Canso  is  a  narrow  strip  of  water  completely  within 
and  dividing  several  counties  of  the  province,'  and  that  the  use  of  it 
by  the  vessels  and  citizens  of  the  Unit(Hl  States  is  in  violation  of  the 
treaty  of  1818.  This  strait  separates  Nova  Scotia  from  the  island  of 
C?i[)e  Breton,  which  was  not  annexed  to  iht;  province  until  the  year 
1820.  Prior  to  that,  in  1818,  Cape  Bn-ton  was  enjoying  a  government 
of  its  own  entirely  distinct  from  Nova  Scotia,  the  strait  forming  the 
line  of  demarcntion  between  them,  and  being  then,  as  now,  a  thorough- 
fare l()r  vessels  j)assing  into  and  out  of  tli(!  Gulf  of  St.  Lawrence.  The 
union  of  the  two  colonics  cannot,  therefore,  be  admitted  as  vesting  hi 


228 

the  province  the  right  to  close  a  passage  which  has  been  freely  and  in- 
disputably used  by  the  citizens  of  the  United  States  since  the  year 
1783.  It  is  impossible,  moreover,  to  conceive  how  the  use  on  the  part 
of  the  United  States,  common,  it  is  believed,  to  all  other  nations,  can 
in  any  manner  conflict  with  the  letter  or  spirit  of  the  existing  treaty 
stipulations.  The  undersigned  would,  therefore,  fain  hope  that  her 
Majesty's  government  would  be  disposed  to  meet,  as  far  as  practicable, 
the  wishes  of  the  American  government  in  the  accomplishing,  in  the 
fullest  and  most  liberal  manner,  the  objects  which  both  governments 
had  in  view  in  enterinsf  into  the  conventional  arrangement  of  1818. 
He  has  accordingly  been  instructed  to  bring  the  whole  subject  under 
the  consideration  of  the  British  government,  and  to  remonstrate  on  the 
part  of  this  government  against  the  illegal  and  vexatious  proceedings 
of  the  authorities  of  Nova  Scotia  against  the  citizens  of  the  United 
States  engaged  in  the  fisheries,  and  to  request  that  measures  may  be 
forthwith  adopted  by  the  British  government  to  remedy  the  evil  arising 
out  of  the  misconstruction,  on  the  part  of  the  provincial  authorities,  of 
their  conventional  engagements,  and  prevent  the  possibility  of  the  re- 
currence of  similar  acts.  The  undersio;ned  renews  to  Lord  Palmer- 
ston,  &c. 

"  A.  STEVENSON*;    j 
"  32,  Upper  Grosvenor  street,  , 

"MarcA27,  1841." 

This  despatch  was  transmitted  to  the  Secretary  for  the  Colonies  on 
the  2d  of  April,  and  (seven  days  later)  a  copy  of  it  was  sent  to  Lord 
Falkland,  Lieutenant  Governor  of  Nova  Scotia,  with  a  request  that 
his  lordship  would  make  immediate  inquiry  into  the  allegations  con- 
tained in  it,  and  furnish  the  Colonial  Ofiice  with  a  detailed  report  on 
the  subject,  for  the  information  of  her  Majesty's  government.  On  the 
28th  of  the  same  month.  Lord  Falkland  wrote  to  Lord  John  Russell, 
that  "  The  greatest  anxiety  is  felt  by  the  inhabitants  of  this  province 
that  the  convention  with  the  Americans,  signed  at  London  on  the 
20th  October,  1818,  should  be  strictly  enforced;  and  it  is  hoped  that 
the  consideration  of  the  report  may  induce  your  lordship  to  exert 
yom-  influence  in  such  a  manner  as  to  lead  to  the  augmentation  of  the 
force  (a  single  vessel)  now  engaged  in  protecting  the  fisheries  on  the 
Banks  of  Newfoundland,  and  the  south  shore  of  Labrador,  and  the  em- 
ployment, in  addition,  of  one  or  two  steamers  for  that  purpose. 

"  The  people  of  this  colony  have  not  been  wanting  in  efforts  to  re- 
press the  incursions  of  the  natives  of  the  United  States  upon  their 
fishing  grounds,  but  have  fitted  out  with  good  effect  some  small  armed 
vessels,  adapted  to  follow  trespassers  into  shoal  water,  or  chase  them 
on  the  seas;"  and  that,  "finding  their  own  means  inadequate  to  the 
suppression  of  this  evil,  the  NovaScotians  earnestly  entreat  the  further 
intervention  and  protection  of  the  mother  country.  " 

His  lordship's  letter  enclosed  a  copy  of  a  report  of  a  committee 
on  the  fisheries  of  Nova  Scotia,  which  had  been  adopted  by  the  House 
of  Assembly,  and  a  "case"  stated,  at  the  request  of  that  body,  "for 
the  purpose  of  obtaining  the  opinion  of  the  law  officers  of  the  crown 
in  England."     The  preamble  of  the  latter  document  recites  the  rights 


229 

stipulated  in  the  treaty  of  17S3;  the  fact  of  the  war  between  England 
and  the  United  States  in  1S12  ;  the  first  article  of  the  convention  of 
1818  ;  and  refers  to  the  act  of  Parliament  of  1819,  passed  to  meet 
the  conditions  of  the  convention,  and  rdso  to  the  act  of  Nova  Scotia 
of  183G  ;  and  concludes  with  submitting  to  the  consideration  of  the 
Queen's  advocate,  and  her  Majesty's  attorney  general,  the  following 
seven  queries : 

1.  Whether  the  treaty  of  1783  was  annulled  by  the  war  of  1812, 
and  whether  citizens  of  the  Unh(>d  States  possess  any  right  of 
lisherv  in  the  waters  of  the  lower  provinces  other  than  ceded  to 
them  by  the  convention  of  ISIS;  and  if  so,  what  right? 

2.  Have  American  citizens  the  right,  under  that  convention,  to 
enter  any  of  the  bays  of  this  province  to  take  fish,  if,  after  they  have 
so  entered,  they  prosecute  the  fishery  more  than  three  marine  miles 
from  the  sliores  of  such  bays;  or  should  tlie  prescribed  distance  of 
three  marine  miles  be  measured  from  the  headlands,  at  the  entrance 
of  such  ba3's,  so  as  to  exclude  them  ? 

3.  Is  the  distance  of  three  marine  miles  to  be  computed  from  the 
indents  of  the  coasts  of  British  America,  or  from  the  extreme  headlands, 
and  what  is  to  be  considered  a  headland? 

4.  Have  American  vessels,  fitted  out  for  a  fisherv,  a  right  to  pass 
through  the  Gut  of  Causo,  which  they  cannot  do  without  coming 
within  the  prescribed  limits,  or  to  anchor  there  or  to  fi^h  there  ;  and 
is  casting  bait  to  lure  fish  in  the  track  of  the  vessels  fishing,  within 
the  meaning  of  the  convention  ? 

5.  Have  American  citizens  a  right  to  land  on  the  Magdalene  islands, 
and  conduct  the  fishery  from  the  shores  thereof,  by  u^^ing  nets  and 
seines ;  or  what  right  of  fishery  do  they  possess  on  the  shores  of  those 
islands,  and  what  is  meant  by  the  term  shore"? 

6.  Have  American  fishermen  the  right  to  enter  the  bays  and  harbors 
of  this  province  lor  the  purpose  of  purchasing  wood  or  obtaining 
water,  having  provided  neither  of  these  articles  at  the  commencement 
of  their  voyages,  in  their  own  country  ;  or  have  they  the  right  only  of 
entering  such  bays  and  harbors  in  cases  of  distress,  or  to  purchase 
wood  and  obtain  water,  after  the  usual  stock  of  those  articles  for  the 
voyage  of  such  fishing  craft  has  been  exhausted  or  destroyed  ? 

7.  Under  existing  treaties,  wliat  rights  of  fislicrv  are  ceded  to  the 
citizens  of  the  United  States  of  America,  and  what  reserved  for  the 
exclusive  enjo3'^ment  of  British  subjects  V 

These  queries  were  sent  to  the  law  officers  of  the  crown  on  the  8th 
of  June,  and  on  the  30th  of  August  they  communicated  their  reply  to 
Lord  Palmerston.     They  state  that,  in  answer  to  i]\f'  first  quc^-y — 

"  W(;  have  the  honor  to  report  that  we  are  of  opinion  that  the  tiraty 
of  1783  was  annulled  liy  the  war  of  1812;  and  we  are  also  of  opinion 
that  the  rights  of  fishery  of  the  citizens  of  the  United  States  must  now 
be  considered  as  defined  and  regulaiid  hv  the  convention  of  1818; 
and  with  respect  to  the  general  (jucstiou,  'if  so.  what  riglity  we  can 
only  refer  to  the  terms  of  the  convention  as  ex])lained  and  elucidated 
by  the  observations  which  will  occur  in  answering  the  (;liier  s|)eeilic 
queries. 


230 

**2.  Except  witliin  certain  defined  limits,  to  which  the  query  put  to 
us  does  not  apply,  we  are  of  opinion  that,  by  the  terms  of  the  treaty, 
American  citizens  are  excluded  from  the  right  of  fishing  within  three 
miles  of  the  coast  of  British  America;  and  that  the  prescribed  distance 
of  three  miles  is  to  be  measured  from  the  headlands  or  extreme  points 
of  land  next  the  sea  of  the  coast,  or  of  the  entrance  of  the  bays,  and 
not  from  the  interior  of  such  baj^s  or  inlets  of  the  coast;  and  conse- 
quently that  no  right  exists  on  the  part  of  American  citizens  to  enter 
the  bays  of  Nova  Scotia,  there  to  take  fish,  although  the  fishing,  being 
within  the  bay,  may  be  at  a  greater  distance  than  three  miles  from  the 
shore  of  the  bay,  as  we  are  of  opinion  that  the  tei^m  headland  is  used 
in  the  treaty  to  express  the  part  of  the  land  we  have  before  mentioned, 
excluding  the  interior  of  the  bays  and  the  inlets  of  the  coasts. 

"4.  By  the  treaty  of  ISIS  it  is  agreed  that  American  citizens  should 
have  the  liberty  of  fishing  m  the  Gulf  of  St.  Lawrence,  within  certain 
defined  limits,  in  common  with  British  subjects ;  and  such  treaty  does 
not  contain  any  words  negativing  the  right  to  navigate  the  passage  of 
the  Gut  of  Canso,  and  therefore  it  may  be  conceded  that  such  right  of 
navigation  is  not  taken  away  by  that  convention ;  but  we  have  now 
attentively  considered  the  course  of  navigation  to  the  gulf  by  Cape 
Breton,  and  likewise  the  capacity  and  situation  of  the  passage  of 
Canso,  and  of  the  British  dominions  on  either  side,  and  we  are  of 
opinion  that,  independently  of  treaty,  no  foreign  country  has  the  right 
to  use  or  navigate  the  passage  of  Canso;  and  attending  to  the  terms  of 
the  convention  relating  to  the  liberty  of  fishery  to  be  enjoyed  by  the 
Americans,  we  are  also  of  opinion  that  that  convention  did  not  either 
expressly  or  by  implication  concede  any  such  right  of  using  or  navi- 
gating the  passage  in  question.  We  are  also  of  opinion  that  casting 
bait  to  lure  fish  in  the  track  of  any  American  vessels  navigating  the 
passage  would  constitute  a  fishing  within  the  negative  terms  of  the 
convention. 

"5.  With  reference  to  the  claim  of  a  right  to  land  on  the  Magdalene 
islands,  and  to  fish  from  the  shores  thereof,  it  must  be  observed  that 
by  the  treaty  the  liberty  of  drying  and  curing  fish  (purposes  which 
could  only  be  accomplished  by  landing)  in  any  of  the  unsettled  bays, 
&c.,  of  the  southern  part  of  Newfoundland,  and  of  the  coast  of  Labra- 
dor, is  specifically  provided  for;  but  such  hberty  is  distinctly  nega- 
tived in  any  settled  ba}',  &c. ;  and  it  must  therefore  be  inferred  that  if 
the  liberty  of  landing  on  the  shores  of  the  Magdalene  islands  had  been 
intended  to  be  conceded,  such  an  important  concession  would  have 
been  the  subject  of  express  stipulation,  and  would  necessarily  have 
been  accompanied  with  a  description  of  the  inland  extent  of  the  shore 
over  which  such  liberty  was  to  be  exercised,  and  whether  in  settled  or 
unsettled  parts;  but  neither  of  these  important  particulars  is  provided 
for,  even  by  implication;  and  that,  among  other  considerations,  leads 
us  to  the  conclusion  that  American  citizens  have  no  right  to  land  or 
conduct  the  fishery  from  the  shores  of  the  Magdalene  "islands.  The 
word  'shore'  does  not  appear  to  be  used  in  the  convention  in  any  other 
than  the  general  or  ordinary  sense  of  the  word,  and  must  be  construed 
with  reference  to  the  liberty  to  be  exercised  upon  it,  and  would  there- 


231 

lore  compromise  the  land  covered  with  water  as  far  as  could  be  avail- 
able fiir  the  due  enjoyment  of  the  liberty  granted. 

"G.  By  the  convention,  the  liberty  ol'  entering  the  bays  and  harbors 
of  Nova  Scotia  for  the  purpose  of  purchasing  Wood  and  obtaininfr 
water  is  conceded  in  general  terms,  unrestricted  by  any  contlition  ex- 
pressed or  implied,  limiting  it  to  vessels  duly  provided  at  the.  com- 
mencement of  the  voyage;  and  we  are  of  opinion  that  no  such  condi- 
tion can  be  attached  to  the  enjoyment  of  the  libertv. 

"7.  The  rights  of  fishery  ceded  to  the  citizens  of  the  United  States, 
and  those  reserved  for  the  exclusive  enjoyment  of  British  sulijects, 
depend  altogeth(T  upon  the  convention  of  1818,  the  only  existing 
treaty  on  tliis  subject  between  the  two  countries,  and  the  mat(!rial  points 
arising  thereon  have  been  specifically  answered  in  our  replies  to  the 
preceding  (pieries. 

"  We  have,  &c., 

"J.  DODSON. 
"THOS.  WILDE. 

"Viscount  Palmerstox,  A'.  B.,  ^'c,  t^r."  , 

Fifteen  months  elapsed  before  Lord  Stanley,*  who,  as  the  Earl  of 
Derby,  is  the  present  prime  minister  of  England,  sent  the  answer  of 
the  crown  lawyers  to  Lord  Falkland.  That  it  was  communicated  with 
reluctance,  even  in  November,  1842,  is  apparent.  The  subject  to 
which  it  relates,  said  he,  "has  frequently  engaged  the  attention  of  my- 
self and  my  colleagues,  with  the  view  of  adopting  further  measures,  if 
necessary,  for  the  protection  of  British  interests  in  accordance  with  the 
law  as  laid  down"  by  these  functionaries.  "We  have,  however,  on 
full  consideration,  come  to  the  conclusion,  as  regards  the  fisheries  of 
Nova  Scotia,  that  the  precautions  taken  by  the  provincial  legislature 
appear  adequate  to  the  purpose ;  and  that  (jei?ig  'practically  acquiesced  iii 
bi/  the  Americans,  no  Jurllur  meas^ircs  are  required^  (The  closing  decla- 
ration, which  I  have  placed  in  italics,  will  not  fail  to  attract  notice.) 

Meantime  (between  August,  1841,  and  November,  1842,)  Lord  Falk- 
land had  forwarded  to  the  colonial  secretary  two  additional  reports 
made  by  committees  of  the  House  of  Assembly,  "  complaining  of  the 
encroachments  of  American  citizens  on  the  fisheries  of  British  North 
America,  and  praying  the  establishment  of  a  general  code  of  regula- 
tions f<)r  their  protection.  A  change  had  occurred  in  the  ministry  of 
England,  and  Mr.  Everett  had  succeeded  Mr.  Stevenson  as  our  envoy 
at  the  court  of"  St.  James. 

The  colonists  were  not  tardv  in  aclinir  up  Id  the  suggestion  of  Lord 
Stanley,  that  our  government  had  ^^ i^racticdllij  acquicscar^  in  the  con- 
struction of  the  convention  of  1818,  presented  in  Lord  Falkland's 
"CASR,"  and  aflirmed  by  the  crown  lawyers.  Early  in  1843,  the  sub- 
j(3ct  was  considered  at  a  meeting  of  the  ehandx-r  of  commerce  of  HaJi- 
fax  ;  ;uid  the  (ipinioii  of"  the  (Queen's  advocate,  ;iiid  her  Majesty's 
attorney  general,  \v;is  received  wiih  great  satisfaction  l)y  the  merchants 
of  that  city.  Hencf;fbrth,  in  the  jiidLiiiieiit  of"  some,  competition  be- 
tween the  colonial  fishermen  and  our  countrymen  was  at  an  (aid.     The 

*  Tho  successor  of  I^onl  John  liussdl  aa  Secretary  for  tlio  Colonies. 


232 

latter,  excluded  from  the  great  bays  by  lines  drawn  from  headland  to 
headland,  refused  passage  through  the  Strait  of  Canso,  and  deprived  of 
the  right  of  landing  on  the  shores  of  the  Magdalene  islands,  were,  in 
effect,  to  be  confined  to  the  Newfoundland  and  Labrador  fisheries. 
Assuming,  as  the  colonial  authorities  did,  that  we  were  bound  by  a 
private  and  ex  parte  opinion,  of  which  our  government  had  no  official 
knowledge,  the  schooner  Washington,  of  Newburyport,  was  seized  for 
no  reason,  as  appears,  other  than  "fishing  broad"  (to  use  a  term  of 
fishermen)  in  the  Bay  of  Fundy.  The  tiict  was  communicated  to  Mr. 
Upshur,  Secretary  of  State,  who,  on  the  30th  June,  1843,  addressed 
Mr.  Everett  in  the  following  terms  :* 

*'  Sir  :  I  have  the  honor  to  transmit  to  you,  herewith,  copies  of  a  let- 
ter and  accompanying  papers,  relating  to  the  seizure,  on  the  10th  of. 
May  last,  on  the  coast  of  Nova  Scotia,  by  an  officer  of  the  provincial 
customs,  of  the  American  fishing  schooner  Washington,  of  Newbury- 
port, Massachusetts,  Cheney,  master,  lor  an  alleged  infraction  of  the 
stipulations  of  the  convention  of  October  20,  ISIS,  between  the  Uni- 
te^ States  and  Great  Britain. 

"  Upon  a  reference  t  >  the  files  of  the  legation  at  London,  you  will  find 
that  this  complaint  is  not  the  first  of  a  similar  character  which  has 
arisen  out  of  the  proceedings  of  the  authorities  of  Nova  Scotia  under 
their  construction  of  the  convention,  and  that  representations  upon  the 
subject  have  heretofore  been  made  to  the  British  government  on  behalf 
of  American  citizens,  but,  so  far  as  this  department  is  advised,  without 
leading  to  a  satisfactory  result. 

*'For  a  full  understanding  of  the  whole  question  involved,  I  would  par- 
ticularly point  your  attention  to  the  instructions  of  this  department  to 
Mr.  Stevenson,  Nos.  71  and  89,  of  the  respective  dates  of  April  17, 
1840,  and  February  20,  1S41,  and  to  the  several  despatches  addressed 
by  that  minister  to  the  Secretary  of  State,  numbered  97,  99,  108,  120, 
and  124,  during  the  years  1840  and  1841. 

"  I  need  not  remark  upon  the  importance  to  the  negotiating  interests  of 
the  United  States  of  having  a  proper  construction  put  upon  the  first  ar- 
ticle of  the  convention  of  1818  by  the  parties  to  it.  That  which  has 
hitherto  obtained  is  believed  to  be  the  correct  one.  The  obvious  neces- 
sity of  an  authoritative  intervention  to  put  an  end  to  proceedings  on  the 
part  of  the  British  colonial  authorities,  alike  conflicting  with  their  con- 
ventional obligations,  and  ruinous  to  the  fortunes  and  subversive  of  the 
rights  of  an  enterprising  and  deserving  class  of  our  fellow-citizens,  is 
too  apparent  to  allow  this  government  to  doubt  that  the  government  ol 
her  Britannic  Majesty  will  take  efficient  steps  for  the  purpose.  The 
President's  confident  expectation  of  an  early  and  satisfactory  adjust- 
ment of  these  difficulties  is  grounded  upon  his  reliance  on  the  sense  of 
justice  of  the  Queen's  government,  and  on  the  fact  that  from  the  year 
1818,  the  date  of  the  convention,  until  some  years  after  the  enactment 
of  the  provincial  law  out  of  which  these  troubles  have  arisen,  ajJTacti- 
eal  construction  has  been  given  to  the  first  article  of  that  instrument 
which  is  firmly  relied  on  as  settling  its  meaning  in  favor  of  the  rights 
of  American  citizens  as  claimed  by  the  United  States. 

*  Executive  Document  100,  p.  117. 


233 

"  I  have,  therefore,  to  request  that  you  will  present  this  subject  aq-ain 
to  the  consideration  of  her  Majesty's  government  bv  addressing  a  note 
to  the  British  iSecretar}^  of  State  f<)r  Foreign  Afliiirs,  remintling  him 
that  the  letter  of  Mr.  Stevenson  to  Lord  Palmerston  remains  unan- 
swered, and  informing  him  ot"  the  anxious  desire  of  the  President  that 
proper  means  should  be  taken  to  prevent  the  possibility  of  a  recurrence 
of  any  like  cause  of  complaint." 

Mr.  Everett,  on  the  10th  of  August  of  the  same  year,  thus  ably  and 
clearly  stated  his  views  :* 

"  The  undersigned.  Envoy  Extraordinary  and  Minister  Plenipoten- 
tinr}'  of  the  United  States  of  America,  has  the  honor  to  trnnsmit  to  the 
Earl  of  Aberdeen,  her  Majesty's  Principal  Secretary  of  State  for  Foreign 
Affiiirs,  the  accompanying  papers  relating  to  the  seizure  on  the  10th  of 
May  hist,  on  the  coast  of  Nova  Scotia,  by  an  officer  of  the  provincial 
customs,  of  the  American  fishing  schooner  Washington,  of  Newbury- 
port,  in  the  State  of  Massachusetts,  for  an  alleged  infraction  of  the 
stipulations  of  the  convention  of  the  20th  of  October,  ISIS,  between 
tlie  United  States  and  Great  Britain. 

"It  appears  from  the  deposition  of  William  Bragg,  a  seaman  on 
board  the  Washington,  that  at  the  time  of  her  seizure  she  was  not  within 
t(;n  miles  of  the  coast  of  Nova  Scotia.  By  the  first  article  of  the  con- 
v(>ntion  above  alluded  to,  the  United  States  renounce  any  liberty  here- 
totbre  enjoyed  or  claimed  by  their  inhabitants  to  take,  dry,  or  cure  fish 
on  or  within  three  marine  miles  of  any  of  the  coasts  of  her  Majesty's 
dominions  in  America,  for  which  express  provision  is  not  made  in  the 
said  article.  This  renunciation  is  the  only  limitation  existing  on  the 
right  of  fishing  upon  the  coasts  of  her  Majesty's  dominions  in  America, 
secured  to  the  people  of  the  United  States  by  the  third  article  of  the 
U-eaty  ot  17S3. 

•'  The  right,  therefore,  of  fishing  on  any  part  of  the  coast  of  Nova 
Scotia,  at  a  greater  distance  than  three  miles,  is  so  plain,  that  it  would 
be  dilficuh  to  conceive  on  what  ground  it  could  be  drawn  in  question, 
had  not  attempts  been  already  made  by  the  provincial  authorities  of  her 
Majesty's  colonies  to  interfere  with  its  exercise.  These  attempts  have 
formed  the  subject  of  repeated  complaints  on  the  part  of  the  govern- 
ment of  the  United  States,  as  will  appear  from  several  notes  addressed 
bv  the  predecessor  of  the  undersi2;ned  to  Lord  Palmerston. 

"From  the  construction  attempted  to  be  placed,  on  former  occasions, 
upon  the  first  article  of  the  treaty  of  fSlS,  by  the  colonial  authorities, 
the  undersigned  supposes  that  the  'Washington'  was  seized  because 
she  was  found  fishing  in  the  Bay  of  Fundy,  and  on  the  ground  that  the 
lines  within  which  Ameiif-an  vessels  are  {!)rbi(lden  to  fish  are  to  run 
ihim  hcadhmd  to  headland,  and  not  to  t()ll()W  the  shore.  It  is  pl.iin, 
however,  that  neither  the  words  nor  the  sj)iril  of  the  convention  ndmit 
of  any  such  construction ;  nor,  it  is  believed,  was  it  set  up  by  the;  [)ro- 
vincial  authorities  ior  several  years  after  llie  negotiation  of  that  instru- 
ment. A  glance  at  the  m^p  will  show  Lord  Aberdeen  th.it  there  is, 
perh.ips,  no  j)art  of  the  gr(;at  extent  of  lh(-  seacoasts  of  her  Maj(\'^ty's 
possessions  in   America  in  which  the  right  of  an  American  vessel  to 


'Executive  Document  100,  i)a^'c  120. 


234 

fish  can  be  subject  to  less  doubt  than  that  in  which  the  'Washington 
was  seized. 

"For  a  full  statement  of  the  nature  of  the  complaints  which  have, 
from  time  to  time,  been  made  by  the  government  of  the  United  States 
against  the  proceedings  of  the  colonial  authorities  of  Great  Britain,  the 
undersigned  invites  the  attention  of  Lord  Aberdeen  to  a  note  of  Mr. 
Stevenson,  addressed  to  Lord  Palmerston  on  the  27th  of  March,  1S41. 
The  receipt  of  this  note  was  acknowledged  by  Lord  Palmerston  on 
the  2d  of  April,  and  Mr.  Stevenson  was  informed  that  the  suliject  was 
referred  by  his  lordship  to  the  Secretary  of  State  for  the  colonial  de- 
partment. 

"On  the  28th  of  the  same  month  Mr.  Stevenson  was  further  in- 
formed by  Lord  Palmerston,  that  he  had  received  a  letter  from  the 
colonial  department,  acquainting  his  lordship  that  Mr.  Stevenson's  com- 
munication would  be  forwarded  to  Lord  Falkland,  with  instructions  to 
inquire  into  the  allegations  containe^l  therein,  and  to  furnish  a  detailed 
report  upon  the  subject.  The  undersigned  does  not  find  on  the  files  of 
this  legation  any  further  communication  from  Lord  Palmerston  in  reply 
to  Mr.  Stevenson's  letter  of  the  27th  March,  1841,  and  he  believes  that 
letter  still  remains  unanswered. 

"In  reference  to  the  case  of  the  'Washington,'  and  those  of  a  similar 
nature  which  have  formerly  occurred,  the  undersigned  cannot  but  re- 
mark upon  the  impropriety  of  the  conduct  of  the  colonial  authorities 
in  undertaking,  without  directions  from  her  Majesty's  government,  to 
set  up  a  new  construction  of  a  treaty  between  the  United  States  and 
England,  and  in  proceeding  to  act  upon  it  by  the  forcible  seizure  of- 
American  vessels. 

"  Such  a  summary  procedure  could  only  be  justified  by  a  case  of  ex- 
treme necessity,  and  where  some  grave  and  impending  mischief  required 
to  be  averted  without  delay.  To  proceed  to  the  capture  of  vessels 
of  a  friendly  power  for  taking  a  few  fish  within  limits  alleged  to  be 
forbidden,  although  allowed  by  the  express  terms  of  the  treaty,  must 
be  regarded  as  a  very  objectionable  stretch  of  provincial  authority. 
The  case  is  obviously  one  for  the  consideration  of  the  two  governments, 
and  in  which  no  disturbance  of  a  right  exercised  without  question  for 
fifty  years  from  the  treaty  of  1783  ought  to  be  attempted  by  any 
subordinate  authority.  Even  her  Majesty's  government,  the  undersigned 
is  convinced,  would  not  proceed  in  such  a  case  to  violent  measures  of 
suppression  without  some  understanding  with  the  government  of  the 
United  States,  or,  in  the  failure  of  an  attempt  to  come  to  an  under- 
standing, without  due  notice  given  of  the  course  intended  to  be  pursued. 

"  The  undersigned  need  not  urge  upon  Lord  Aberdeen  the  desira- 
bleness of  an  authoritative  intervention  on  the  part  of  her  Majesty's 
government  to  put  an  end  to  the  proceedings  complained  of.  The 
President  of  the  United  States  entertains  a  confident  expectation  of  an 
early  and  equitable  adjustment  of  the  difficulties  which  have  been  now 
for  so  long  a  time  under  the  consideration  of  her  Majesty's  government. 
This  expectation  is  the  result  of  the  President's  reliance  upon  the  sense 
of  justice  of  her  Majesty's  government,  and  of  the  fact  that  from  the 
year  1818,  the  date  of  the  convention,  until  some  years  after  the  at- 
tempts of  the  provincial  authorities  to  restrict  the  rights  of  American 


235 

vessels  by  colonial  Icf^islation,  a  pracfical  construction  was  given  to  the 
first  article  of  iho  conrention,  in  accordance  with  the  obvious  pur- 
port of  its  terms,  and  settling  its  meaning  as  understood  by  the  United 
States. 

"The  undersigned  avails  himself  of  this  opportunity  to  tender  to  Lord 
Aberdeen  the  assurance  of  his  distinguished  consideration." 

Lord  Aberdeen  did  not  reply  to  Mr.  Everett's  letter  until  the  15th  of 
April,  1844.  In  his  answer  of  that  date,  which  follows,  it  will  be  seen 
that  his  lordshi{)decHned  to  enter  into  a  defiance  of  the  course  adopted 
by  Nova  Scotia  ;  and  that  he  confined  himself  to  the  seizure  of  the 
Washington,  and  to  an  argument  upon  the  term  "bay"  as  used  in  the 
convention.  It  will  be  seen,  also,  that  he  justified  the  detention  of  the 
Washington  on  the  ground,  solely,  that  she  '•  was  found  fishing  within 
the  Bay  of  Fundy."     He  says  :* 

"  The  note  which  Mr.  Everett,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  United  States  of  America,  addressed  to  the  un- 
dersigned, her  Majesty's  Principal  Secretary  of  State  for  P'oreign  Aflhirs, 
on  the  10th  of  August  last,  respecting  the  seizure  of  the  American  fish- 
ing vessel  Washington,  by  the  officers  of  Nova  Scotia,  having  been  duly 
referred  to  the  Colonial  Office,  and  by  that  office  to  the  governor  of  Nova 
Scotia,  the  undersigned  has  now  the  honor  to  communicate  to  Mr.  Ev- 
erett the  result  of  those  references. 

"The  complaint  which  Mr.  Everett  submits  to  her  Majesty's  govern- 
ment is,  that,  contrary  to  the  express  stipulations  of  the  convention  con- 
cluded on  the  20th  of  October,  1S18,  between  Great  Britain  and  the 
United  States,  an  American  fishing  vessel  was  seized  by  the  British 
authorities  for  fishing  in  the  Bay  of  Fundy,  where  Mr.  Everett  affirms 
that,  by  the  treaty,  American  vessels  have  a  right  to  fish,  provided 
the}'  are  at  a  greater  distance  than  three  marine  miles  from  the  coast. 

"Mr.  Everett,  in  submitting  this  case,  does  not  cite  the  words  of  the 
treaty,  but  states,  in  general  terms,  th;itl)y  the  first  article  of  said  treaty 
the  United  States  renounce  any  liberty  heretofore  enjoyed  or  claimed 
b}^  their  inhabitants,  to  take,  dry,  or  cure  fish,  on  or  within  three 
miles  of  any  of  the  coasts  of  any  Majesty's  dominions  in  Amer- 
ica. Upon  reference,  however,  to  the  words  of  the  treaty,  it  will  be 
seen  that  American  vessels  have  no  right  to  fish,  and  indeed  are  ex- 
pressly debarred  from  fishing,  in  ;iny  bay  on  the  coast  of  Nova  Scotia. 

"The  words  of  the  treaty  of  October,  1818,  article  1,  run  thus:  'And 
the  United  States  hereby  renounce  forever  any  liberty  heretof()re  en- 
joyed or  claimed  by  the  inhabitants  thereof,  to  taJie,  dry,  or  cure  fish, 
on  or  within  three  marme  miles  of  any  of  the  coasts,  hdys,  creeks,  or  har- 
bors of  his  Britannic  Maj(\-ty's  dominions  in  America,  not  inchuh^d 
within  the  above-mentioned  limits,  [that  is,  Newf()undland,  Lal)ra(h)r, 
and  other  parts  separate  from  Nova  Scotia:]  provided,  however,  that 
tiie  American  fishermen  shall  be  admitted  to  enter  such  bays  or  harbors 
for  the  purpose  of  shelter,'  &c. 

"It  is  thus  clearly  [)rovi(h'(l  that  AnuTican  fishermen  shall  not  take 
fish  within  three  marine  miles  of  any  bay  of  Nova  Scotia,  &c.     If  the 

'  Executive  Document  100,  page  122. 


236 

treaty  was  intended  to  stipulate  simply  that  American  fishermen  should 
not  take  fish  within  three  miles  of  the  coast  of  Nova  Scotia,  &c.,  there 
was  no  occasion  for  using  the  word  '■harf  at  all.  But  the  proviso  at  the 
end  of  the  article  shows  that  the  word  'bay'  was  used  designedly  ;  for 
it  is  expressly  stated  in  that  proviso,  that  under  certain  circumstances 
the  American  fishermen  may  enter  hays,  by  which  it  is  evidently  meant 
that  they  may,  under  those  circumstances,  pass  the  sea-line  which  forms 
the  entrance  of  the  bay.  The  undersigned  apprehends  that  this  con- 
struction will  be  admitted  by  Mr.  Everett. 

"  That  the  Washington  was  found  fishing  within  the  Bay  of  Fundy, 
is,  the  undersigned  beheves,  an  admitted  fact,  and  she  was  seized  ac- 
cordingly." 

It  is  possible  that  the  contents  of  Lord  Aberdeen's  letter  were  imme- 
diately communicated  to  Lord  Falkland,  since  the  latter,  a  few  weeks 
after  its  date,  issued  a  proclamation  charging  all  officers  of  tlie  customs, 
the  sheriffs,  and  other  officials  of  Nova  Scotia,  to  be  vigilant  in  en- 
forcing the  provision  of  several  recited  acts  of  the  imperial  and  pro- 
vincial legislatures,  and  the  stipulations  of  the  convention  with  the  Uni- 
ted States,  relative  to  illicit  fishing  within  certain  distance  of  the  coasts, 
hays,  and  harbors  of  British  America.  Mr.  Everett  again  addressed  the 
British  minister  on  the  25th  May,  1844,  in  a  state  paper  which,  for 
spirit,  dignity,  and  force  of  argument,  is  a  model.*  It  is  here  inserted 
entke : 

"  The  undersigned.  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary of  the  United  States  of  America,  had  the  honor  duly  to  receive 
the  note  of  the  15th  of  April,  addressed  to  him  by  the  Earl  of  Aber- 
deen, her  Majesty's  Principal  Secretary  of  State  for  Foreign  Affairs,  in 
reply  to  the  note  of  the  undersigned  of  the  10th  of  August  last,  relative 
to  the  seizure  of  the  American  vessel  the  Washington,  for  having  been 
found  fishing  within  the  limits  of  the  Bay  of  Fundy. 

"  The  note  of  the  undersigned  of  the  lOih  of  August  last,  although 
its  immediate  occasion  was  the  seizure  of  the  Washington,  contained  a 
reference  to  the  correspondence  between  Mr.  Stevenson  and  Viscount 
Palmerston  on  the  subject  of  former  complaints  of  the  American  gov- 
ernment of  the  manner  in  which  the  fishing  vessels  of  the  United  States 
had,  in  several  ways,  been  interfered  with  by  the  provincial  authorities, 
in  contravention,  as  is  believed,  of  the  treaty  of  October,  1818,  between 
the  two  countries.  Lord  Aberdeen's  attention  was  particularly  invited 
to  the  fact  that  no  answer  as  yet  had  been  returned  to  Mr.  Stevenson's 
note  to  Lord  Palmerston,  of  27th  March,  1841,  the  receipt  of  which, 
and  its  reference  to  the  Colonial  Department,  were  announced  by  a 
note  of  Lord  Palmerston  of  the  2d  of  April.  The  undersigned  further 
observed  that,  on  the  2Sth  of  the  same  month.  Lord  Palmerston  ac- 
quainted Mr.  Stevenson  that  his  lordship  had  been  advised  from  the 
Colonial  Office  that  '  copies  of  the  papers  received  from  Mr.  Steven- 
son would  be  furnished  to  Lord  Falldand,  with  instructions  to  Inquire 
into  the  allegations  contained  therein,  and  to  furnish  a  detailed  report  on 
the  subject ;'  but  that  there  was  not  found  on  the  files  of  this  legation 
any  further  communication  from  Lord  Palmerston  on  the  subject. 

*  Executive  Document  No.  100,  page  123. 


237 

"  The  note  of  Lord  Aberdeen  of  the  15t]i  of  April  last  is  confined 
exclusively  to  the  case  of  the  Washington ;  and  it  accordingly  be- 
comes the  duty  of  the  undersigned  again  to  invite  his  lordshij)'s  at- 
tention to  the  correspondence  above  referred  to  between  Mr.  kStcven- 
son  and  Lord  Palmcrston,  and  to  request  that  imjuiry  may  be  made, 
williout  unnecessary  delay,  into  all  the  causes  of  complaint  whicli  have 
been  made  by  the  American  government  against  the  improper  inter- 
ference of  the  British  colonial  authorities  with  the  fishing  vessels  olthe 
United  States. 

"  In  reference  to  the  case  of  the  Washington,  Lord  Aberdeen,  in 
his  note  of  the  15th  of  A])ril,  justifies  her  seizure  by  an  armed  provin- 
cial vessel,  on  the  assumed  tact  that,  as  she  was  iound  fisliing  in  the 
Bay  of  Fundy,  she  was  within  the  limits  from  which  the  fisliing  vessels 
of  the  United  States  are  excluded  by  the  provisions  of  the  convention 
between  the  two  countries  of  October,  1818. 

"  The  und(Tsigned  had  remarked,  in  his  noteof  the  10th  of  August  last, 
on  the  impropriety  of  the  conduct  of  the  colonial  authorities  in  proceed- 
ing in  reference  to  a  question  of  construction  of  a  treaty  pending  between 
the  two  countries,  to  decide  the  question  in  their  own  favor,  and  in  vir- 
tue of  that  decision  to  order  the  capture  of  the  vessels  of  a  friendly 
State.  A  summary  exercise  of  power  of  this  kind,  the  undersigned  is 
sure,  would  never  be  resorted  to  by  her  Majesty's  government,  except 
in  an  extreme  case,  while  a  negotiation  was  in  train  on  the  point  at 
issue.  Such  a  procedure,  on  the  part  of  a  local  colonial  authority,  is, 
of  course,  highly  objectionable,  and  the  undersigned  cannot  but  again 
invite  the  attention  of  Lord  Aberdeen  to  this  view  of  the  subject. 

"  Witli  respect  to  the  main  question  of  the  right  of  American  vessels  to 
fish  within  the  acknowledged  limits  of  the  Bay  of  Fundy,  it  is  ncces- 
sarv,  for  a  clear  understanding  of  the  case,  to  go  back  to  the  treaty  of 
1783. 

"  By  this  treaty  it  was  provided  that  the  citizens  of  the  United  States 
should  be  allowed  'to  take  fish  of  every  kind  on  such  part  of  the  coast 
of  iN'ewf()undland  as  liritisli  fishermen  shall  use,  (but  not  to  dr}'  or  cure 
the  same  on  that  island,)  and  also  on  the  coasts,  bays,  and  creeks  of  all 
other  of  his  Britannic  Majesty's  dominions  in  America,  and  that  the 
American  fishermen  shall  have  liberty  to  dry  and  cure  fish  in  any 
of  the  unsettled  bays,  harbors,  and  creeks  of  Nova  Scotia,  Magdalene 
islands,  and  Lain'ador,  so  hnig  as  the  same  shall  remain  unsettled;  but 
so  Sfjon  as  the  same  or  either  of  them  shall  be  settled,  it  shall  not  be 
lawful  for  the  said  fishermen  to  dry  or  cure  fish  at  such  scltl(Mnent  with- 
out a  previous  agreement  for  that  purpose  with  the  inhabitants,  propri- 
etors, or  possessors  of  that  ground.' 

"  These  privileges  and  conditions  were  in  reference  to  a  country  of 
whirji  ;i  considerable  portion  was  tlx^-n  unsettled,  likely  to  be  atteiulcd 
with  dilli-rcMiees  of  o})inion  as  to  what  should,  in  the  progi'css  ot  time,  be 
accounted  a  settlement  from  which  Amcrirun  fisliermen  might  be  exclu- 
ded. These  differences  in  fact  arose,  and  by  the  year  1818  the  slate  of 
things  was  so  far  changed  that  her  Majesty's  government  thought  it  neces- 
saiy,  in  negotiating  ili(>  convention  ot  that  year,  entirely  to  except  the 
province  of  Nova  Scoii;i  ii-om  tin;  number  of  the  places  whicii  niiulit  be 
frequented  i)y  Americans  as  being  in  p.irt  unsettled,  and  to  provide  that 


238 

the  fishermen  of  the  United  States  should  not  pursue  their  oc(.upation 
within  three  miles  of  the  shores,  bays,  creeks,  and  harbors  of  that 
and  other  parts  of  her  Majesty's  possessions  similarly  situated.  The 
privilege  reserved  to  American  fishermen  by  the  treaty  of  1783,  of  taking 
fish  in  all  the  waters,  and  drying  them  on  all  the  unsettled  portions  of 
the  coast  of  these  possessions,  was  accordingly,  by  the  convention  of 
1818,  restricted  as  follows  : 

"  '  The  United  States  hereby  renounce  forever  any  liberty  heretofore 
enjoyed  or  claimed  by  the  inhabitants  thereof,  to  take,  dry,  or  cure  fish 
on  or  within  three  miles  of  any  of  the  coasts,  bays,  creeks,  or  harbors  of 
his  Britannic  Majesty's  dominions  in  America,  not  included  within  the 
above-mentioned  limits  :  provided,  however,  that  the  American  fisher- 
men shall  be  admitted  to  enter  such  bays  or  harbors  for  the  purpose  of 
sheltering  and  repairing  damages  therein,  of  purchasing  wood,  and  of 
obtaining  water,  and  for  no  other  purpose  whatever.' 

"  The  existing  doubt  as  to  the  construction  of  the  provision  arises  from 
the  fact  that  a  broad  arm  of  the  sea  runs  up  to  the  northeast,  between  the 
provinces  of  New  Brunswick  and  Nova  Scotia.  This  arm  of  the  sea 
being  commonly  called  the  Bay  of  Fundy,  though  not  in  reality  pos- 
sessing all  the  characters  usually  implied  by  the  term  'bay,'  has  of 
late  years  been  claimed  by  the  provincial  authorities  of  Nova  Scotia  to 
be  included  among  '  the  coasts,  bays,  creeks,  and  harbors'  forbidden  to 
American  fishermen. 

"  An  examination  of  the  map  is  sufficient  to  show  the  doubtful  nature 
of  this  construction.  It  was  notoriously  the  object  of  the  article  (jf  the 
treaty  in  question  to  put  an  end  to  the  difficulties  which  had  grown  out 
of  the  operations  of  the  fishermen  from  the  United  States  along  the 
coasts  and  upon  the  shores  of  the  settled  portions  of  the  country,  and 
for  that  purpose  to  remove  theii*  vessels  to  a  distance  not  exceeding 
three  miles  from  the  same.  In  estimating  this  distance,  the  undersigned 
admits  it  to  be  the  intent  of  the  treaty,  as  it  is  itself  reasonable,  to  have 
regard  to  the  general  line  of  the  coast ;  and  to  consider  its  ba3's,  creeks, 
and  harbors — that  is,  the  indentations  usually  so  accounted — as  included 
within  that  line.  But  the  undersigned  cannot  admit  it  to  be  reasonable, 
instead  of  thus  following  the  general  directions  of  the  coast,  to  draw  a 
fine  from  the  southwesternmost  point  of  Nova  Scotia  to  the  terinination 
of  the  northeastern  boundary  between  the  United  States  and  New 
Brunswick,  and  to  consider  the  arms  of  the  sea  which  will  thus 
be  cut  off,  and  which  cannot,  on  that  line,  be  less  than  sixty  miles 
wide,  as  one  of  the  bays  on  the  coast  from  which  American  vessels  are 
excluded.  By  tliis  interpretation  the  fishermen  of  the  United  States 
would  be  shut  out  from  the  waters  distant,  not  three,  but  thirty  miles 
from  any  part  of  the  colonial  coast.  The  undersigned  cannot  perceive 
that  any  assignable  object  of  the  restriction  imposed  by  the  convention 
of  1818  on  the  fishing  privilege  accorded  to  the  citizens  of  the  United 
States  by  the  treaty  of  1783,  requires  such  a  latitude  of  construction. 

"It  is  obvious  that  (by  the  terms  of  the  treaty)  the  farthest  distance  to 
which  fishing  vesselsof  the  United  States  are  obliged  to  hold  themselves 
from  the  colonial  coasts  and  bays,  is  three  miles.  But,  owing  to  the 
peculiar  configuration  of  these  coasts,  there  is  a  succession  of  bays  in- 
denting the  shores  both  of  New  Brunswick  and  Nova  Scotia,  witliin  the 


239 

Bay  of  Fund5^  The  vessels  of  the  United  States  have  a  general  right 
to  approach  all  the  bays  in  her  Majesty's  colonial  dominions,  within 
any  distance  not  less  than  three  miles — a  privilege  from  the  enjoyment 
of  which  they  will  be  wholly  excluded — in  this  part  of  the  coast,  if  the 
broad  arm  of  the  sea  which  flows  up  between  New  Brunswick  and 
Nova  Scotia  is  itself  to  be  considered  one  of  the  forbidden  bays. 

"Lastly — and  this  consideration  seems  to  put  the  matter  beyond 
doubt — the  construction  set  up  by  her  Majesty's  colonial  authorities, 
would  altogether  nulhfy  another,  and  that  a  most  important  stipulation 
of  the  treaty,  about  which  there  is  no  controversy,  viz  :  the  privilege 
reserved  to  American  fishing  vessels  of  taking  shelter  and  repairing 
damages  in  the  ba3'-s  within  which  they  are  forbidden  to  fish.  There 
is,  of  course,  no  shelter  nor  means  of  repairing  damages  for  a  vessel 
entering  the  Bay  of  Fundy,  in  itself  considered.  It  is  necessary,  before 
relief  or  succor  of  any  kind  can  be  had,  to  traverse  that  broad  arm  of 
the  sea  and  reach  the  bays  and  harbors,  properly  so  called,  which  in- 
dent ihe  coast,  and  which  are  no  doubt  the  bays  and  harbors  referred 
to  in  the  convention  of  1818.  The  privilege  of  entering  the  latter  in 
extremity  of  weather,  reserved  by  the  treaty,  is  of  the  utmost  import- 
ance. It  enables  the  fisherman,  whose  equipage  is  always  very  slender, 
(that  of  the  Washington  was  four  men  all  told,)  to  pursue  his  laborious 
occupation  with  comparative  safety,  in  the  assurance  that  in  one  of  the 
sudden  and  dangerous  changes  of  weather  so  frequent  and  so  terrible 
on  this  iron-bound  coast,  he  can  take  shelter  in  a  neighhoi-ing  and  friendly 
port.  To  forbid  him  to  approach  within  thirty  miles  of  that  port,  ex- 
cept for  shelter  in  extremity  of  weather,  is  to  forbid  him  to  resort  there 
for  that  purpose.  It  is  keeping  him  at  such  a  distance  at  sea  as  wholly 
to  destroy  the  value  of  the  privilege  expressly  reserved. 

"In  fact  it  would  follow,  if  the  construction  contended  for  b}''  the  Brit- 
ish colonial  authorities  were  sustained,  that  two  entirely  diflerent  limit- 
ations would  exist  in  reference  to  the  right  of  shelter  reserved  to  Amer- 
ican vessels  on  the  shores  of  her  Majesty's  colonial  possessions.  They 
would  be  allowed  to  fish  within  three  miles  of  the  placeof  shelter  along 
the  greater  part  of  the  coast;  while  in  reference  to  the  entire  extent  of 
shore  within  the  Bay  of  Fundy,  they  would  be  wholly  prohibited  from 
fishing  along  the  coast,  and  would  be  kept  at  a  distance  of  twenty  or 
thirty  miles  from  any  place  of  refuge  in  case  of  extremity.  There  are 
certainly  no  obvious  principles  which  render  such  a  construction  prob- 
able. 

"The  undersigned  flatters  himself  that  these  considerations  will  go 
far  to  satisfy  Lord  Aberdeen  of  the  correctness  of  the  American  under- 
standing of  the  words  'Bay  of  Fundy,'  arguing  on  the  terms  of  the 
treaties  of  178^3  and  1818.  When  it  is  admitt(>d  that,  as  the  under- 
signed is  advised,  there  has  b(>en  no  aitrmpt  till  late  years  to  give  them 
any  other  construction  than  that  f()r  which  the  American  government 
now  contends,  the  point  would  seem  to  be  i)lace(l  beyond  doubt. 

"  M(;antiir)c  Lord  Aberdeen  willallow  that  this  is  a  (juestion,  however 
doubtful,  to  be  settled  exclusively  by  her  Majesty's  government  and 
that  of" the  United  States.  No  disposition  has  been  evinced  by  tiie  lat- 
ivv  to  aiitieij)ate  tlu;  decision  of  ihe*  (jueslion;  and  the  undersigned  must 
again  represent  it  to  the  Earl  of  Aberdeen  as  a  maitc;^  of  ju.-l  complaint 


240 

and  surprise  on  the  part  of  his  government,  that  the  opposite  course  has 
been  pursued  by  her  Majesty's  colonial  authorities,  who  have  proceeded 
(the  undersigned  is  confident  without  instructions  from  London)  to  cap- 
ture and  detain  an  American  vessel  on  a  construction  of  the  treaty  which 
is  a  matter  of  discussion  between  the  two  governments,  and  while  the 
undersigned  is  actually  awaiting  a  communication  on  the  subject  prom- 
ised to  his  predecessor. 

"This  course  of  conduct,  it  may  be  added,  objectionable  under  any 
circumstances,  finds  no  excuse  in  any  supposed  urgency  of  the  case. 
The  Washino;ton  was  not  within  three  times  the  limit  admitted  to  be 
prescribed  in  reference  to  the  approach  of  American  vessels  to  all  other 
parts  of  the  coast,  and  in  taking  a  few  fish,  out  of  the  abundance  which 
exists  in  those  seas,  she  certainly  was  inflicting  no  injury  on  the  inter- 
ests of  the  colonial  population  which  required  this  summary  and  violent 
measure  of  redress. 

"  The  undersigned  trusts  that  the  Earl  of  Aberdeen,  on  giving  a  re- 
newed consideration  to  the  case,  will  order  the  restoration  of"  the  Wash- 
ington, if  still  detained,  and  direct  the  colonial  authorities  to  abstain 
from  the  further  capture  of  the  fishing  vessels  of  the  United  States  un- 
der similar  circumstances,  till  it  has  been  decided  between  the  two 
governments  whether  the  Bay  of  Fundy  is  included  among  'the  coasts, 
bays,  creeks,  and  harbors,'  which  American  vessels  are  not  permitted 
to  approach  within  three  miles. 

"  The  undersigned  requests  Lord  Aberdeen  to  accept  the  assurances 
of  his  distinguished  consideration." 

On  the  6th  September,  1844,  Mr.  Calhoun*  (who  had  succeeded 
Mr.  Upshur  as  Secretary  of  State)  called  the  attention  of  Mr.  Everett 
to  the  seizure  of  the  American  fishing  schooner  Argus,  by  the  British 
cutter  Sylph,  off  the  coast  of  Cape  Breton.  From  the  representation 
which  accompanied  the  Secretary's  despatch,  it  appears  that  the  Argus, 
when  captured,  was  at  a  distance  of  "fifteen  miles  from  any  land." 
This  was  the  second  case  of  seizure  under  the  new  construction  of  the 
convention  of  1818.  Mr.  Everett,  in  presenting  the  matter  to  Lord 
Aberdeen,  on  the  9th  of  October  of  that  year,  stated t  that  "The 
grounds  assigned  for  the  capture  of  this  vessel  are  not  stated  with  great 
distinctness.  They  appear  to  be  connected  partly  by  the  construction 
set  up  by  her  Majesty's  provincial  authorities  in  America,  that  the  fine 
within  which  vessels  of  the  United  States  are  forbidden  to  fish  is  to  be 
drawn  from  headland  to  headland,  and  not  to  follow  the  indentations  of 
the  coast,  and  partly  W\\h  the  regulations  established  by  those  authori- 
ties, in  consequence  of  the  annexation  of  Cape  Breton  to  Nova  Scotia." 
That,  "with  respect  to  the  former  point,  the  undersigned  deems  it  un- 
necessary, on  this  occasion,  to  add  anything  to  the  observations  con- 
tained in  his  note  to  Lord  Aberdeen,  of  the  25th  of  May,  on  the  subject 
of  limitations  of  the  right  secured  to  American  fishing  vessels  by  the 
treaty  of  1783  and  the  convention  of  1818,  in  reply  to  the  note  of  hi§ 
lordship  of  the  15th  of  April  on  the  same  subject.  As  far  as  the  cap- 
ture of  the  Argus  was  made  under  the  authority  of  the  act  annexing 

*  Executive  Document  100,  page  128.  t  Executive  Document  100,  page  131. 

« 


211 

Cnpe  Breton  to  Nova  Scotiu,  the  undersigned  would  observe  that  he  is 
under  the  impression  that  the  question  of"  the  legality  of  that  measure 
is  still  pending  before  the  judicird  eommittee  of  her  Majcst3''s  privy 
council.  It  would  be  very  doubtful  whether  rights  secured  to  American 
vessels  under  })ul)lic  compacts  could,  under  an}"  circumstances,  be  im- 
paired by  acts  of  subse<iucnt  domestic  legislation;  but  to  proceed  to 
capture  American  vessels,  in  virtue  of  such  acts,  while  their  legality  is 
drawn  in  question  by  the  home  government,  seems  to  be  a  measure  as 
unjust  as  it  is  harsh." 

And  he  remarked,  further,  that  "it  is  stated  by  the  captain  of  the 
'Argus'  that  the  commander  of  the  Nova  Scotia  schooner,  by  which  he 
was  captured,  said  that  he  was  widiin  three  miles  of  the  line  beyond 
which,  'on  their  construction  of  the  treaty,  we  were  a  lawful  prize,  and 
that  he  seized  us  to  settle  the  question.' 

"  The  undersigned  again  feels  it  his  duty,  on  behalf  of  his  govern- 
ment, formally  to  protest  against  an  act  of  this  description.  x-Vmerican 
vessels  of  trilling  size,  and  pursuing  a  branch  of  industry  of  the  most 
harmless  description,  which,  however  beneficial  to  themselves,  occasions 
no  detriment  to  others,  instead  of  being  turned  off  the  debatable  fishing 
gi'ound — a  remedy  fully  adequate  to  the  alleged  evil — are  proceeded 
again.- 1  as  if  engaged  in  the  most  undoubted  infractions  of  municipal 
law  or  the  law  of  nations,  captured  and  sent  into  port,  their  crews  de- 
prived of  their  clothing  and  personal  efFects,  and  the  vessels  subjected 
to  a  mode  of  procedure  in  the  courts  which  amounts  in  many  cases  to 
confiscation;  and  this  is  done  to  settle  the  construction  of  a  treaty. 

"A  course  so  violent  and  unnecessarily  harsh  would  be  regarded  by 
any  goverrnnent  as  a  just  cause  of  complaint  against  an}'  other  with 
whom  it  might  differ  in  the  construction  of  a  national  compact.  But 
when  it  is  considered  that  these  are  the  acts  of  a  provincial  government, 
with  whom  that  of  the  United  States  has  and  can  have  no  intercourse, 
and  that  they  continue  and  are  repeated  while  the  United  States  aixd 
Great  Britain,  the  only  j)arties  to  the  treaty,  the  purport  of  whose  pro- 
visions is  called  in  question,  are  amicably  discussing  the  matter,  with 
every  wish,  on  both  sides,  to  bring  it  to  a  reasonable  settlement,  Lord 
Aberdeen  will  perceive  that  it  becomes  a  subject  of  complaint  of  the 
most  serious  kind. 

"As  such,  the  undersigned  is  instructed  again  to  bring  it  to  Lord 
Aberdeen's  notice,  and  to  express  the  confident  hope  that  such  meas- 
ures of  redress  as  tlie  urgency  of  the  case  requires  will,  at  tli(3  instance 
of  his  lordship,  be  promptly  resort(;d  to." 

The  events  of  1S45  were  highly  interesting  and  imj)ortant.  The 
colonists  had,  apparently,  accomplished  their  long-cherished  plans. 
The  opinion  of  the  crown  lawyers  in  1S41;  the  declaration  of  Lord 
Stanley  in  1842,  that  our  government  "p/v/r//a///y  arfjuiescnP^  in  the  7U'u- 
construction  of  the  convention;  and  the  capture  of  tlic  Washington  in 
1S4-5,  liir  an  infringement  of  that  construction,  and  f()r  no  other  otfiMicc 
whatever,  were  all  calculated  to  iinpress  them  witli  the  Ix'lief  tliai  the 
contest  was  at  an  end.  Such,  I  confi'ss,  was  the  inclination  of  my 
own  mind.  My  home  was  on  the  frontier;  I  was  a  deah'r  in  the  ])ro- 
ducts  ot"  the  sea,  and  was  in  the  d;iily  transaction  of  business  with  fish- 
ermen of  New  Brunswick  and  Nova  Scotia,  and  was  well  advisetl  of 
10 


242 

the  measures  which  were  adopted  by  the  colonists,  from  time  to  thne, 
to  induce  the  ministry  at  home  to  sustain  their  pretensions.  The  zeal 
which  was  manifested  by  those  who  managed  the  British  side  of  the 
case,  and  the  seeming  apathy  of  the  American  press  and  the  American 
people ;  the  rumors  from  the  Government  House  at  Halifax,  and  the  want 
of  all  information  from  the  White  House  at  Washington,  gave  rise  to 
much  alarm.  Official  silence  on  our  part  was  at  last  broken;  and  such 
of  our  citizens  as  were  engaged  in  the  fisheries,  or  were  otherwise 
involved  in  the  issue  of  the  controversy,  were  astounded,  in  June,  at 
the  following  paragraph  which  appeared  in  the  "Union,"  a  newspaper 
supposed  to  enjoy  the  confidence  of  our  government,  and  said,  in  the 
popular  sentiment,  to  be  its  "organ."  "  We  are  gratified,"  said  that 
paper,  "to  be  now  enabled  to  state,  that  a  despatch  has  been  recently 
received  at  the  Department  of  State  from  Mr.  Everett,  our  minister  at 
London,  with  which  he  transmits  a  note  from  Lord  Aberdeen,  containing 
the  satisfactory  intelligence  that,  after  a  reconsideration  of  the  subject, 
although  the  Queen's  government  adhere  to  the  construction  of  the  con- 
vention which  they  have  always  maintained,  they  have  still  come  to 
the  determination  of  relaxing  from  it,  so  far  as  to  allow  American  fish- 
ermen to  pursue  their  avocations  in  any  part  of  the  Bay  of  Fundy,  pro- 
vided they  do  not  approach — except  in  the  cases  specified  in  the  treaty 
of  ISIS — within  three  miles  of  the  entrance  of  any  bay  on  the  coast 
of  Nova  Scotia  or  New  Brunswick. 

"  This  is  an  important  concession,  not  merely  as  removing  an  occasion 
of  frequent  and  unpleasant  disagreement  between  the  two  governments, 
but  as  reopening  to  our  citizens  those  valuable  fishing  grounds  within 
the  Bay  of  Fundy  which  they  enjoyed  before  the  war  of  1812,  but 
from  which,  as  the  British  government  has  since  maintained,  they  were 
excluded  by  the  convention  of  1818." 

The  assertion,  from  such  a  source,  that  the  British  government  had 
^^  always  maintaitied^^  the  construction  of  the  convention  contended  for  in 
the  "case  "  submitted  to  the  crown  lawyers  by  Lord  Falkland,  in  1841 ; 
the  annunciation  that  our  vessels  were  no  lonijer  to  fish  "  wilhin  three 
miles  of  the  entrance  of  any  hay  on  the  coast  of  Nova  Scotia  or  New 
Brunswick,''^  the  Bay  of  Fundy  alone  excepted ;  the  further  declaration 
that  the  fishing  grounds  of  that  bay  "enjoyed  before  the  war  of  1812," 
and  lost  to  us  by  that  event,  were  now  "reopened"  to  us  by  "an  im- 
portant concession" — excited  the  liveliest  sensibihty,  and  were  regarded 
in  the  fishing  towns  of  Maine  and  Massachusetts  with  dismay.  The 
colonists  had  pushed  their  claims  so  secretly  and  so  adroitly,  that  the 
crowning  acts  of  their  policy  were  hardly  known  to  our  countrymen  who 
resorted  to  their  seas ;  and  the  fact  that  the  Bay  of  Fund}^  was  in  dis~ 
jnite,  was  first  ascertained  by  many  of  them  on  the  seizure  of  the 
"Washington"  for  fishing  there.  It  was  expected  that  some  more  defi- 
nite annunciation  would  be  made,  or  that  the  correspondence  between 
Mr.  Everett  and  the  British  government,  which  preceded  and  led  to  the 
"concession,"  would  follow  the  article  just  quoted  from  the  "Union;" 
but  the  precise  terms  of  the  arrangement  of  1845  were  never  stated, 
either  in  that  paper  or  elsewhere,  and  the  citizens  whose  property  was 
exposed  to  capture  by  British  cruisers  and  colonial  cutters  were  left  to 
pursue  theu-  business  in  apprehension  and  doubt.     Under  these  circum- 


243 

stances,  the  writer  of  tliis  report  assumed  the  t;isk  of  atternptinf>-  to 
impress  the  public  mind  with  the  ])rohnblc  s{;ite  of  affairs.  He  wrote 
for  the  periodical  and  tor  the  newspaper  press  ;  he  addressed  letters  to 
persons  interested  in  enterprises  to  ihe  British  colonial  seas,  and  to 
persons  inofficial  employments;  he  contip.ued  his  lal)ors,  in  various 
other  ways,  f()r  quite  a  3'ear :  he  was  uusupjjoited,  and  abandoned  the 
desii>n  finally  in  despnir. 

The  American  people  remained  in  ignorance  of  the  tenor  of  the  cor- 
respondence referred  to  above  until  August,  1S52,  when  it  was  em- 
braced in  the  documents  submitted  by  the  I'resident  to  the  Senate,  in 
answer  to  a  resolution  of  that  bod\%*  Lord  Aberdeen's  letter  of  March 
10,  lS45,t  consenting  to  admit  our  fishermen  into  the  Bay  of  Fundjs 
"«5  the  concession  of  a  privdege,''''  and  in  relaxation  of  the  new  construc- 
tion of  the  convention,  and  Mr.  Everett's  reply,  of  the  25th  of  the  same 
month,t  accepting  the  same  as  the  continuation  of  "a  right"  alwa3's 
enjoyed,  and  never  impaired,  are  properly  inserted  in  this  connexion. 
The  letter  of  our  minister,  it  is  to  be  observed,  was  among  his  last  official 
acts,  as  he  was  recalled  fdmost  immediately  alter  communicating  to 
our  government  the  conditions  which,  in  opposition  to  the  remonstrances 
of  the  colonists,  and  the  alleged  "practical  acquiescence"  of  our  own 
cabinet  in  the  opinion  of  the  crown  lawyers,  he  had  been  able  to  se- 
cure ;  it  closed  the  correspondence.  In  ability,  it  is  in  no  respect  infe- 
rior to  his  letter  of  May  2-5th,  1844,  already  copied,  and  is  among  the 
most  valuable  state  papers  in  our  archives,  inasmuch  as  it  is  the  only 
one  wdiich  we  can  cite  to  show  our  dissent  to  the  British  claim  to  the 
Bay  of  Fundy,  "as  a  hay  within  the  meaning  of  the  treaty  of  181S." 

His  lordship  said : 

"The  undersigned,  her  Majesty's  Principal  Secretary  of  State  for 
Foreign  Affairs,  duly  referred  to  the  colonial  department  the  note  which 
Mr.  Everett,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the 
United  States  of  America,  did  him  the  honor  to  address  to  him  on  the 
25th  of  May  last,  respecting  the  case  of  the  '  Washington,'  fishing  ves- 
sel, and  on  the  general  question  of  the  right  of  United  States  fish 
ermen  to  pursue  their  calling  in  the  Bay  of  Fundy  ;  and  having  shortly 
since  received  the  answer  of  that  department,  the  undersigned  is  now 
enabled  to  make  a  reply  to  xMr.  Everett's  communication,  which  he  trusts 
will  be  found  satisfactory. 

"In  acquitting  himself  of  this  duty,  the  undersigned  will  not  think 
it  necessary  to  enter  into  a  lengthened  argument  in  reply  to  the  obser- 
vations which  have  at  different  times  been  submitted  to  her  Majesty's 
government  by  Mr.  Stevenson  and  Mr.  Everett,  on  the  subject  of  the 
right  of  fishing  in  the  Bay  of  Fundy,  as  claimed  in  behalf  of  the  United 
States  citizens.  The  undersigned  will  confine  himself  to  stating  that 
after  the  most  deliberate  reconsideration  of  the  sul)ject,  and  with  every 
desire  tx)  do  lull  justice  to  the  United  Slates,  and  to  view  the  claims 
put  forward  on  behalf  of  United  States  citizens  in  the  most  fiivor- 
able  light,  her  Majesty's  government  a  re  nevertheless  still  constrained  to 
deny  the  right  of  United  States  citizens,  under  the  treaty  of  1818,  to 
fish  in  that  part  of  the  Bay  of  Fundy  which,  from  its  geogi-aphical 


*Kx.  Doc.  lOfl.  tK.\.  Doc.  100,  p   i:}.').  t  Ex.  Doc   lOf),  p.  136. 


244 

position,  may  properly  be  considered  as  included  within  the  British 
possessions. 

"Her  Majesty's  government  must  still  maintain — and  in  this  view  they 
are  fortified  by  high  legal  authority — that  the  Bay  of  Fundy  is  right- 
fully claimed  by  Great  Britain,  as  a  bay  within  the  meaning  of  the 
treaty  of  ISIS.  And  they  equally  maintain  the  position  which  was  laid 
down  in  the  note  of  the  undersigned,  dated  the  15th  of  April  last, 
that,  with  regard  to  the  other  bays  on  the  British  American  coasts,  no 
United  States  fisherman  has,  under  that  convention,  the  right  to  fish 
within  three  miles  of  the  entrance  of  such  bays  as  designated  by  a  fine 
drawn  from  headland  to  headland  at  that  entrance. 

"But  while  her  Majesty's  government  still  feel  themselves  bound  to 
maintain  these  positions  as  a  matter  of  right,  they  are  nevertheless  not 
insensible  to  the  advantages  which  would  accrue  to  both  countries  from 
ft  relaxation  of  the  exercise  of  that  right;  to  the  United  States  as  con- 
feiTing  a  material  benefit  on  their  fishing  trade ;  and  to  Great  Britain 
and  the  United  States,  conjointly  and  equally,  by  the  removal  of  a  fer- 
tile source  of  disagreement  between  them. 

"  Her  Majesty's  government  are  also  anxious,  at  the  same  time  that 
they  uphold  the  just  claims  of  the  British  crown,  to  evince  by  every 
reasonable  concession  their  desire  to  act  liberally  and  amicably  towards 
the  United  Stares. 

"  The  undersigned  has  accordingly  much  pleasure  in  announcing  to 
Mr.  Everett  the  determination  to  which  her  Majesty's  government  have 
come,  to  relax  in  favor  of  the  United  States  fishermen  that  right  which 
Great  Britain  has  hitherto  exercised,  of  excluding  those  fishermen  from 
the  British  portion  of  the  Bay  of  Fundy,  and  they  are  prepared  to  di- 
rect their  colonial  authorities  to  allow  henceforward  the  United  States 
fishermen  to  pursue  their  avocations  in  any  part  of  the  Bay  of  Fundy, 
provided  they  do  not  approach,  except  in  the  cases  specified  in  the 
treaty  of  1S18,  within  three  miles  of  the  entrance  of  any  bay  on  the 
coast  of  Nova  Scotia  or  New  Brunswick. 

"  In  thus  communicating  to  Mr.  Everett  the  liberal  intentions  of  her 
Majesty's  government,  the  undersigned  desires  to  call  Mr.  Everett's  at- 
tention to  the  fact  that  the  produce  of  the  labor  of  the  British  colonial 
fishermen  is  at  the  present  moment  excluded  by  prohibitory  duties  on 
the  part  of  the  United  States  from  the  markets  of  that  country ;  and 
the  undersigned  would  submit  to  Mr.  Everett  that  the  moment  at  which 
the  British  government  are  making  a  liberal  concession  to  United 
States  trade,  might  well  be  deemed  favorable  for  a  counter  concession 
on  the  part  of  the  United  States  to  British  trade,  by  the  reduction  of 
the  duties  which  operate  so  prejudicially  to  the  interest  of  the  British 
colonial  fishermen. 

"The  undersigned  has  the  honor  to  renew  to  Mr.  Everett  the  assu- 
rances of  his  high  consideration." 

Mr.  Everett  rejoined : 

"  The  undersigned.  Envoy  Extraordinary'- and  Minister  Plenipotentiary 
of  the  United  States  of  America,  has  the  honor  to  acknowledge  the  re- 
ceipt of  a  note  of  the  10th  instant  h'om  the  Earl  of  Aberdeen,  her 
Majesty's  Principal  Secretary  of  State  for  Foreign  Affairs,  in  reply  to 


245 

the  communicntion  of  the  undersignod  of  the  15tli  of  M;iy  last,  on  the 
case  of  the  '  Washington,'  and  the  construction  given  by  the  govern- 
ment of  the  United  Slates  to  the  convention  of  1818,  relative,  to  the 
right  of  fishing  on  the  coasts  of  Nova  Scotia  and  New  Brunswick. 

"  Lord  Aberdeen  acquaints  the  undersigned,  that,  after  the  most  de- 
liberate reconsideration  of  the  subject,  and  with  ever}^  desire  to  do  full 
justice  to  the  United  States  and  to  view  the  claims  put  forward  on  be- 
half of  their  citizens  in  the  most  f  ivorable  light,  her  Majesty's  govern- 
ment are  nevertheless  still  constrained  to  deny  the  right  of  citizens  of 
the  United  States,  under  the  treaty  of  1818,  to  fish  in  that  part  of  the 
Ba}^  of  Fundy  which  from  its  geographical  position  may  properly  be 
considered  as  included  within  the  British  possessions  ;  and  also  to  main- 
tain that,  with  regard  to  the  other  bays  on  the  British  American  coasts, 
no  United  States  fisherman  has,  under  that  convention,  the  right  to  fish 
within  three  miles  of  the  entrance  of  such  bay,  as  designated  by  a  line 
drawn  from  headland  to  headland  at  that  entrance. 

"Lord  Aberdeen,  however,  informs  the  undersigned  that,  although 
continuing  to  maintain  these  positions  as  a  matter  of  right,  her  Majesty's 
government  are  not  insensible  to  the  advantages  which  might  accrue 
to  botli  countries  from  a  relaxation  in  its  exercise ;  that  they  are  anx- 
ious, while  upholding  the  just  claims  of  the  British  crown,  to  evince 
by  every  reasonable  concession  their  desire  to  act  liberally  and  ami- 
cably towards  the  United  States ;  and  that  her  Majesty's  government 
have  accordingly  come  to  the  determination  '  to  relax  in  favor  of  the 
United  States  fishermen  the  right  which  Great  Britain  has  hitherto  ex- 
ercised of  excluding  those  fishermen  from  the  British  portion  of  the 
Bay  of  Fundy,  and  are  prepared  to  direct  their  colonial  authorities  to 
allow,  henceforward,  the  United  States  fishermen  to  pursue  their  avo- 
cations in  any  part  of  the  Bay  of  Fundy,  provided  they  do  not  ap- 
proach, except  in  the  cases  specified  in  the  treat}' of  1818,  within  three 
miles  of  the  entrance  of  any  bay  on  the  coast  of  Nova  Scotia  or  New 
Brunswick.' 

"  The  undersigned  receives  with  great  satisfaction  this  communica- 
tion from  Lord  Aberdeen,  which  promises  the  permanent  removal  of  a 
fruitful  cause  of  disagreement  between  the  two  countries,  in  reference 
to  a  vahiablc  portion  of  the  fisheries  in  question.  The  government  of 
the  United  States,  the  undersign(>d  is  persuaded,  will  duly  appreciate 
the  friendl}'  motives  which  have  led  to  the  determination  on  the  part  of 
her  Majesty's  government  announced  in  Lord  Aberdeen's  note,  and 
which  he  doubts  not  will  have  the  natural  effect  of  acts  of  libcralitj 
betw(;en  powerfiil  states,  of  producing  benefits  to  both  parlies,  beyond 
any  immediate  inlcresl  which  may  be  favorably  afli'cted. 

"  While  he  desires,  Ixnvever,  without  r(\'^erve,  to  express  his  sense 
of  the  amicable  disposition  evinced  by  her  Majesty's  government  on 
lliis  occasion  in  relaxing  in  fivor  of  the  T'nited  States  the  exercise  of 
what,  after  (h;liberate  consideration,  f()rtified  by  high  legal  authority, 
is  fh-eined  an  un(|uestioned  riglit  of  \\v.v  Majesty's  goverrnnent,  liic  un- 
dersigned would  be  unfaithful  to  his  duty  did  he  omit  to  remark  to 
Lord  Aberdeen  that  no  arguments  have  at  any  time  been  adduced 
to  shake  the  confidence  of  the  government  of  the  United  States  in  their 
own  construction  of  the  treaty.     While  they  have  ever  been  prepared 


246 

to  admit,  that  in  the  letter  of  one  expression  of  that  instrument  there  is 
some  reason  for  claiming  a  right  to  exclude  United  States  fishermen 
from  the  Bay  of  Fundy,  (it  being  difficult  to  deny  to  that  arm  of  the 
sea  the  name  of  'bay,'  which  long  geographical  usage  has  assigned  to 
it,)  they  have  ever  strenuously  maintained  that  it  is  only  on  their  own 
construction  of  the  entire  article  that  its  known  design  in  reference  to 
the  regulation  of  the  fisheries  admits  of  being  carried  into  effect. 

*'  The  undersigned  does  not  make  this  observation  for  the  sake  of 
detracting  from  the  liberahty  evinced  by  her  Majesty's  government  in 
relaxing  from  what  they  regard  as  their  right ;  but  it  would  be  placing 
his  own  government  in  a  false  position  to  accept  as  mere  favor  that  for 
which  they  have  so  long  and  strenuously  contended  as  due  to  them 
under  the  convention. 

"It  becomes  the  more  necessary  to  make  this  observation,  in  conse- 
quence of  some  doubt  as  to  the  extent  of  the  proposed  relaxation. 
Lord  Aberdeen,  after  stating  that  her  Majesty's  government  felt  them- 
selves constrained  to  adhere  to  the  right  of  excluding  the  United  States 
fishermen  from  the  Bay  of  Fundy,  and  also  with  regard  to  other  bays 
on  the  British  American  coasts,  to  maintain  the  position  that  no  United 
States  fisherman  has,  under  that  convention,  the  right  to  fish  within 
three  miles  of  the  entrance  of  such  bays,  as  designated  by  a  line  drawn 
from  headland  to  headland  at  that  entrance,  adds,  that  'while  her  Ma- 
jesty's government  still  feel  themselves  bound  to  maintain  these  posi- 
tions as  a  matter  of  right,  they  are  not  insensible  to  the  advantages 
which  would  accrue  to  both  countries  from  the  relaxation  of  that  right.' 

"  This  form  of  expression  might  seem  to  indicate  that  the  relaxation 
proposed  had  reference  to  both  positions;  but  when  Lord  Aberdeen 
proceeds  to  state  more  particularly  its  nature  and  extent,  he  confines 
it  to  a  permission  to  be  granted  to  '  the  United  States  fishermen  to 
pursue  their  avocations  in  any  part  of  the  Bay  of  Fundy,  provided 
they  do  not  approach,  except  in  the  cases  specified  in  the  treaty  of  1818, 
within  three  miles  of  the  entrance  of  any  bay  on  the  coast  of  Nova 
Scotia  and  New  Brunswick,'  which  entrance  is  defined,  in  another 
part  of  Lord  Aberdeen's  note,  as  being  designated  by  a  line  drawn 
from  headland  to  headland. 

"  Li  the  case  of  the  '  Washington,'  which  formed  the  subject  of  the 
note  of  the  undersigned  of  the  25th  May,  1844,  to  which  the  present 
communication  of  Lord  Aberdeen  is  a  reply,  the  capture  complained 
of  was  in  the  waters  of  the  Bay  of  Fundy  :  the  principal  portion  of 
the  argument  of  the  undersigned  was  addressed  to  that  part  of  the  sub- 
ject ;  and  he  is  certainly  under  the  nnpression  that  it  is  the  point  of 
greatest  interest  in  the  discussions  which  have  been  hitherto  carried  on 
between  the  two  governments,  in  reference  to  the  United  States'  right 
of  fishery  on  the  Anglo-American  coasts. 

"  In  the  case,  however,  of  the  '  Argus,'  wliich  was  treated  in  the 
note  of  the  undersigned  of  the  9th  of  October,  the  capture  was  in  the 
waters  which  wash  the  northeastern  coast  of  Cape  Breton,  a  portion  of 
the  Atlantic  ocean  intercepted  mdeed  between  a  straight  line  drawn 
from  Cape  North  to  the  northern  head  of  Cow  bay,  but  possessing 
none  of  the  characters  of  a  bay,  (far  less  so  than  the  Bay  of  Fundy,) 
and  not  called  a  'bay'  on  any  map  which  the  undersigned  has  seen. 


247 

The  aforesaid  line  is  a  degree  of  latitude  in  length;  and  ;is  far  as  reli- 
ance can  be  placed  on  the  only  maps  (English  ones)  in  the  possession 
of  the  undersigned  on  which  this  coast  is  distinctly  hiid  down,  it  would 
exclude  vessels  from  fishing  grounds  which  might  be  thirty  miles  from 
the  shore. 

"Lord  Aberdeen,  in  his  note  of  the  10th  instant,  on  the  ease  of  the 
'  Argus,'  observes  that,  'as  the  point  of  the  construction  of  the  conven- 
tion of  ISIS,  in  reference  to  the  right  of  fishing  in  the  Anglo-American 
dependencies  by  citizens  of  the  United  States,  is  tr(\nted  in  another  note 
of  the  undersigned  of  this  date,  relative  to  the  case  of  the  'Washington,* 
the  undersigned  abstains  from  again  touching  on  that  sabject.' 

"  This  expression  taken  by  itself,  would  seem  to  authorize  the  expect- 
ation that  the  waters  where  these  two  vessels  respectively  were  cap- 
tured would  be  held  subject  to  the  same  principles,  whether  of  restric- 
tion or  n^axation,  as  indeed  all  the  considerntions  which  occur  to  the 
undersigned  as  having  probably  led  her  Majesty's  government  to  the 
relaxation  in  reference  to  the  Bay  of  Fundy  exist  in  full  and  even  su- 
perior force  in  reference  to  the  waters  on  the  northenslern  coast  of  Cape 
Breton,  where  the  'Argus'  was  seized.  But  if  her  Majesty's  provincial 
authorities  are  permitted  to  regard  as  a  'bay,'  any  portion  of  the  sea 
which  can  be  cut  off  by  a  direct  line  connecting  two  points  of  the  coast, 
however  destitute  in  other  respects  of  the  character  usually  implied  by 
that  name,  not  only  w^ill  the  waters  on  the  northeastern  coast  of  Cape 
Breton,  but  on  many  other  parts  of  the  shores  of  the  Anglo-American  de- 
pendencies, where  such  exclusion  has  not  yet  been  thought  of,  be  pro- 
hibited to  American  fishermen.  In  fact,  the  waters  which  wash  the 
entire  southeastern  coast  of  Nova  Scotia,  from  Cape  Sable  to  Cape 
Canso,  a  distance  on  a  straight  line  of  rather  less  than  three  hundred 
miles,  would  in  this  way  constitute  a  bay,  from  which  United  States 
fishermen  would  be  excluded. 

"The  undersigned,  liowever,  forbears  to  dwell  on  this  subject,  being 
far  from  certain,  on  a  comparison  of  all  that  is  said  in  the  two  notes  ot 
Lord  Aberdeen  of  the  lOth  instant,  as  to  the  relaxation  proposed  by 
her  M.'ijesty's  government,  that  it  is  not  intended  to  embrace  the  waters 
of  the  northeastern  coasts  of  Cape  Breton,  as  well  as  the  Bay  of  Fundy. 

"Lf)rd  Aberdeen,  towards  the  close  of  the  note  in  which  the  purpose 
of  her  Majesty's  government  is  communicated,  invites  the  attention  of 
the  undersigned  to  the  fact  that  British  colonial  fish  is,  at  the  jircsent 
time,  excluded  by  prohibitory  duties  from  the  markets  of  the  United 
States,  and  suggests  that  the  moment  at  which  the  British  goverimient 
are  making  a  liberal  concession  to  United  States  trade,  might  be  deemed 
favorable  for  ;i  counter  concession  on  the  pint  of  the  United  St;)f(\s  to 
British  trade,  by  the  reduction  of  duties  wliich  operate  so  pr(judici;dly 
to  the  interests  of  I'ritish  colonial  fishermen. 

"The  undersigned  is  of  course  without  instructions  which  enable  him 
to  m;ike  any  definite  reply  to  this  suggestiou.  It  is  no  doubt  true  that 
the  liritish  coloni.-d  fish,  as  far  as  clulies  are  concerned,  enters  the 
I'nited  States  market,  if  at  all,  to  some  disadvantage.  TIk^  government 
of  the  United  States,  he  is  y)ersuaded,  would  gladly  make  any  reduction 
in  these  duties  which  wouhl  not  seriously  injure  the  native  fishermen: 
but  J^ord  Aberdeen  is  aware  that  the  encouragement  of  this  class  of 


248 

the  seafliring  community  has  ever  been  considered,  as  well  in  the 
United  States  as  Great  Britain,  as  resting  on  peculiar  grounds  of  expe- 
diency. It  is  the  great  school  not  only  of  the  commercial  but  of  the 
public  marine,  and  the  highest  considerations  of  national  policy  require 
it  to  be  fostered. 

"  The  British  colonial  fishermen  possess  considerable  advantages  over 
those  of  the  United  States.  The  remoter  fisheries  of  Newfoundland 
and  Labrador  are  considerably  more  accessible  to  the  colonial  than  to 
the  United  States  fishermen.  The  fishing  grounds  on  the  coasts  of  New 
Brunswick  and  Nova  Scotia,  abounding  in  cod,  mackerel  and  herring, 
lie  at  the  doors  of  the  former  ;  he  is  therefore  able  to  pursue  his  avoca- 
tion in  a  smaller  class  of  vessels,  and  requires  a  smaller  outfit;  he  is  able 
to  use  the  net  and  the  seine  to  great  advantage  in  the  small  bays  and 
inlets  along  the  coast,  from  which  the  fishermen  of  the  United  States, 
under  any  construction  of  the  treaty,  are  excluded.  All,  or  nearly  all 
the  materials  of  ship-building,  timber,  iron,  cordage  and  canvass,  are 
cheaper  in  the  colonies  than  in  the  United  States,  as  ai'e  salt,  hooks  and 
lines.  There  is  also  great  advantage  enjoyed  in  the  former  in  reference 
to  the  supply  of  bait  and  curing  the  fish.  These,  and  other  causes, 
have  enabled  the  colonial  fishermen  to  drive  those  of  the  United  States 
out  of  many  foreign  markets,  and  might  do  so  at  home  but  for  the  pro- 
tection afforded  by  the  duties. 

"It  may  be  added  that  the  highest  duty  on  the  kinds  of  fish  that 
would  be  sent  to  the  American  market  is  less  than  a  half-penny  per 
pound,  which  cannot  do  more  than  counterbalance  the  numerous  ad- 
vantages possessed  by  the  colonial  fishermen. 

'*  The  undersigned  supposes,  though  he  has  no  particular  informa- 
tion to  that  effect,  that  equal  or  higher  duties  exist  in  the  colonies  on  the 
importation  of  fish  from  the  United  States. 

"  The  undersigned  requests  the  Earl  of  Aberdeen  to  accept  the  assu- 
rance of  his  high  consideration." 

At  the  date  of  these  letters,  Mr.  Everett  seems  to  have  believed  that 
"the  negotiation  was  in  the  most  favorable  state  for  a  full  and  satis- 
factory adjustment"  of  every  question  in  dispute.  This  is  evident 
from  his  despatch  of  April  23d,  1845,  to  Mr.  Buchanan,*  who  had  suc- 
ceeded Mr.  Calhoun  as  Secretary  of  State,  and  from  other  sources 
which  are  equally  authentic.  The  opening  of  the  Bay  of  Fundy,  con- 
sidered in  itself  alone,  "  though  nominally  confirming  the  interpretation 
of  the  treaty  which  the  colonial  authorities  had  set  up,  was,"  in  fact, 
"  a  practical  abandonment  of  it ;"  and  we  have  the  highest  assurance 
that  the  British  government  "  contemplated  the  further  extension  of 
the  same  policy  by  the  adoption  of  a  general  regulation  that  American 
fishermen  should  be  allowed  freely  to  enter  all  bays  of  which  the 
mouths  were  more  than  six  miles  wide."  This  intention  was  com- 
municated to  Lord  Falkland  by  Lord  Stanley  in  a  despatch  of  May 
19,  1845.  The  former,  in  his  reply,  dated  June  17,  requested  that,  as 
the  plan  had  reference  to  matters  deeply  affecting  the  interests  of  Nova 


Executive  Document  100,  page  152. 


249 

Scotin,  and  involved  so  man \^  considerations  to  ihc  elucidation  of  which 
local  knowledge  and  information  wcu^c  essentially  necessary,  the  nego 
tiation  might  be  suspended  until  he  should  have  an  oppf)rtunity  of 
addressing  the  colonial  secretary  again.  In  a  second  despatch,  written 
on  the  2d  of  Juh',  Lord  Falkland  observed  that  in  previous  communi- 
cations he  had  very  fully  explained  the  reasons  why  he  should  deeply 
lament  any  relaxation  of  the  construction  of  the  treaty  which  would 
admit  of  the  American  fishing  vessels  carrying  on  tlieir  operations 
within  three  miles  of  a  line  drawn  from  headland  to  headland  of  the 
various  bays  on  the  coast  of  Nova  Scotia,  and  that  he  did  not  then  re- 
tract the  opinions  he  had  expressed  on  these  occasions.  He  said, 
further,  that,  as  much  technical  knowledge  and  verbal  accuracy 
were  recpiired  in  treating  the  subject,  he  had  directed  the  attorney 
general  of  the  colony  to  prepare  a  report,  which  he  enclosed,  and  to 
which  he  desired  Lord  Stanley's  particular  attention ;  and  he  re- 
marked, in  conclusion,  that  "  he  was  convinced  such  relaxation  of  the 
treaty  of  1818,  as  was  apparently  contemplated  by  Lord  Aberdeen, 
would,  if  carried  into  eflect,  produce  very  deep-rooted  dissatisfaction 
both  in  his  own  colony  and  in  New  Brunswick,  and  cause  much  injury 
to  a  very  large  and  valuable  class  of  her  Majesty's  subjects."  A  copy 
of  the  report  of  the  Hon.  J.  W.  Johnston,  referred  to  by  Lord  Falk- 
land, f()llo\vs.  American  readers  will  fail  to  find  the  "technical  knowl- 
edge and  verbal  accuracy"  indicated  by  his  lordship  ;  while,  if  they 
will  turn  to  the  arguments  of  Mr.  Everett,  to  which  it  replies,  they 
will  also  find  that  the  positions  of  our  minister  are  neither  fairly  met 
nor  essentially  weakened.  It  may  be  admitted  that  some  points  are 
stated  with  force  and  with  fairness.  But  this  document  adds  nothing 
to  the  n^putalion  of  the  attorney  general,  who  is  justly  considered  to 
be  an  ai)lc  man;  for  it  is  deficient  in  learning,  upon  the  matters  in  con- 
trovers}',  deficient  in  "accuracy,"  in  the  statements  of  facts  relative  to 
the  course  and  character  of  our  fishermen,  and  in  its  tone  and  spirit 
hardly  more  to  be  admired  than  the  common  accounts  of  "American 
aggressions"  which  appear  in  the  colonial  n(;wspapers. 

Under  date  of  June  16,  1845,  Mr.  Johnston  says: 

"My  Loud:  Agreeably  to  your  excellency's  desire,  I  have  the  honor 
to  report  such  suggestions  as  appear  to  arise  fi'om  the  despatch  of  the 
Right  Hon.  the  Secretary  of  State  for  the  colonies,  dated  10th  May 
last,  and  the  correspondence  accompanying  it  of  the  United  Stales 
minister  at  London  and  her  Majesty's  government,  on  the  subjtH^t  of  the 
fisheries  on  the  coasts  of  her  Majesty's  North  American  provinces. 

"The  concession  of  a  right  to  fish  in  iIh;  liay  ol"  Fundy  has  been 
followed  by  the  anticipated  conse([ueiiee,  the  dcniand  f()r  more  ex- 
tended surrenders,  basted  upon  what  has  Ixen  already  gaininl;  and  it 
is  to  be  ienred  that  the  relaxations  now  conlemplatcul,  if  carried  into 
cffl'ct,  will  practically  amount  to  an  uincstrieled  license  to  Aiuericim 
fishermen. 

"When  their  right  to  (ibli  witliin  the  larger  bays,  or  at  the  mouths  of 
the  smaller  inlets,  .shall  be  established,  the  (^ase  with  which  they  may 
run  into  the  shon;s — wlu;ther  to  fish,  or  for  obtaining  bait,  or  for  draw- 
ing off  the  shoals  of  fish,  or  for  smuggling — and  the  fiieihty  of  escape 


250 

before  detection,  notwithstanding  every  guard  which  it  is  within  the 
means  of  the  province  to  employ,  will  render  very  difficult  the  attempt 
to  prevent  violations  of  the  remaining  restrictions,  while,  in  the  case  of 
seizures,  the  means  of  evasion  and  excuse,  which  experience  has  shown 
to  be,  under  any  circumstances,  abundantly  ready,  will  be  much  en- 
larged. 

"An  instance  has  just  occurred  which  illustrates  this  apprehension, 
and  confirms  the  observations  to  the  same  effect  contained  in  the  report 
I  had  the  honor  to  make  to  3'-our  excellency  on  the  17th  September 
last,  on  the  same  subject. 

"An  American  fisherman,  on  the  5th  of  this  month,  was  seized  in 
the  Bay  of  Fundy,  at  anchor  ^inside  of  the  light-house  at  the  entrance 
of  Digby  Gut,'  about  a  quarter  of  a  mile  from  the  shore,  his  nets  lying 
on  the  deck,  still  wet,  and  with  the  scales  of  herrings  attached  to  the 
meshes,  and  havinsr  fresh  herrins's  on  board  his  vessel.  The  excuse 
sworn  to  is,  that  rough  weather  had  made  a  harbor  necessary ;  that  the 
nets  were  wet  from  being  recently  washed ;  but  that  the  fish  were 
caught  while  the  vessel  was  beyond  three  miles  from  the  shore. 

"Hence,  too,  will  be  extended  and  aggravated  all  the  mischiefs  to 
our  fisheries  from  the  means  used  by  the  Americans  in  fishing,  as  by 
jigging — drawing  seines  across  the  mouths  of  the  rivers — and  other 
expedients ;  from  the  practice  of  drawing  the  shoals  from  the  shores,  by 
baiting;  and,  above  all,  from  their  still  more  pernicious  habit  of  throw- 
ing the  garbage  upon  the  fishing-grounds  and  along  the  shores. 

"Every  facility  afforded  the  American  fisherman  to  hold  frequent, 
easy,  and  comparatively  safe  intercourse  with  the  shores,  extends  an- 
other evil,  perhaps  more  serious  in  its  results — the  illicit  traffic  caiTied 
on  under  the  cover  of  fishing — in  which  not  only  the  revenue  is 
defrauded,  and  the  fair  dealer  discountenanced,  but  the  coasts  and  re- 
mote harbors  are  filled  with  noxious  and  useless  articles,  as  the  poison- 
ous rum  and  gin  and  manufactured  teas,  of  which  already  too  much  is 
introduced  into  the  country,  in  exchange  for  the  money  and  fish  of  the 
settlers;  and  from  this  intercourse,  when  habitual  and  established  from 
year  to  year,  the  moral  and  political  sentiments  of  our  population  can- 
not but  sustain  injury. 

"  In  the  argument  of  the  American  minister  his  excellency  appears 
to  assume  that  the  question  turns  on  the  force  of  the  word  '  hay,''  and 
the  peculiar  expression  of  the  treaty  in  connexion  with  that  word;  but 
although  it  was  obviously  the  clear  intention  of  its  framers  to  keep  the 
American  fishermen  at  a  distance  of  three  marine  miles  from  the 
^bays,  creelcs,  and  harbors,''  there  does  not,  therefore,  arise  any  just 
reason  to  exclude  the  word  coasts,  used  in  the  same  connexion  in  the 
treaty,  from  its  legitimate  force  and  meaning ;  and  if  it  be  an  admitted 
rule  of  general  law  that  the  outline  of  a  coast  is  to  be  defined,  not  by 
its  indentations,  but  by  a  line  extending  from  its  principal  headlands, 
then  waters,  although  not  known  under  the  designation,  nor  having  the 
general  form  of  a  bay,  may  yet  be  within  the  exclusion  designed  by 
the  treaty. 

"His  excellency  the  American  minister  complains  of  the  ^essential 
injustice''  of  the  law  of  this  province  under  which  the  fisheries  are  at- 


251 

tempted  to  be  guardetl,  and  is  pleased  to  declare  that  it   ^possesses  7wne 
uj  the  qvdiittcx  of  tlie  law  of  civilized  states  but  its  forms.'' 

"His  excrllfncry,  in  using  this  language,  possibly  supposed  that  the 
colonial  act  had  attempted  to  give  a  construction  to  the  treaty  of  1818, 
or  had  originated  the  penalty  and  mode  of  confiscation  which  he 
deprecates.  But  had  his  excellency  examined  the  act  of  the  province 
he  has  so  strongly  stigmatized,  he  would  have  discorered  that,  as  re- 
gards the  limits  within  which  foreign  fishermen  are  restricted  from 
fishing,  the  colonial  legislature  has  used  but  the  words  of  the  treaty 
itself,  and  a  comparison  of  the  provincial  act  with  an  act  of  the  impe- 
rial Parliament,  the  59  George  IIJ,  cli.  38,  would  have  shown  him  that, 
as  regards  the  description  of  the  offence,  the  confiscation  of  the  vessel 
and  cargo,  and  the  mode  of  proceeding,  the  legislature  of  Nova  Scotia 
has,  in  eflijct,  only  declared  what  was  already,  and  still  is,  the  law  of 
the  realm  wider  impciial  enactments. 

"Mr.  Everett  adverts  to  what  he  considers  '■the  extremely  ohjcctionahlt 
cjiaractcr  of  the  course  pursued  by  the  provincial  authorities  in  j^resianing  to 
decide  for  themselves  a  question  under  discussion  between  the  two  governments.'' 

"But  it  is  submitted,  that  if  the  American  government  controverted 
the  construction  given  to  the  treaty,  the  course  pursued  on  the  part  of 
Nova  Scotia,  which  made  confiscation  dependent  on  a  judicial  trial  and 
decision,  was  neither  presumptuous  nor  inexpedient;  nor  could  the  ne- 
cessity of  security  for  <£G0,  or  the  risk  of  costs,  in  case  of  failure, 
offer  any  serious  impediment  to  the  defence  in  a  matter  which,  as  Mr. 
Everett  declares,  the  government  of  the  United  States  deems  of  great 
national  importance. 

"Upon  the  other  hand,  if  the  American  fishermen  could  only  seek  a 
relaxation  of  the  construction  giyen  to  the  treaty  in  England  and  Nova 
Scotia,  as  a  matter  oi'  favor,  ^presumption''  would  rather  seem  to  lie  on 
that  side  which  insisted  on  enjoying  the  privilege  before  the  boon  was 
conferred. 

"  In  any  view  of  the  matter,  as  the  American  fisherman  was  never 
meddled  with  until  he  had  voluntarily  passed  the  controverted  limit,  it 
is  difficult  to  comj)rehend  why  the  American  minister's  proposition 
would  not  stand  reversed  with  more  propriety  than  it  exhibits  in  its 
present  form;  for  his  excellency's  regret  might  not  unreasonably,  it 
would  seem,  have  be(3n  expressed  at  '■the  extremely  objectionable  course 
pursued  by  American  subjects  in  presuming  to  decide  Jor  themselves  a  question 
under  disctission.  between  the  two  governments,''  by  fishing  upon  the  dis- 
puted grounds,  and  thereby  reducing  the  provincial  authorities  to  the 
necessity  of  vindirating  their  claim  or  seeing  it  trani[)l('d  on,  before 
any  sanction  had  been  Obtained,  (.'itlK-r  of  legal  decision  or  diplomatic 
arrangement. 

"When  Mr.  Everett  says  that  the  necessitv  of  liistcring  the  interests 
of  their  fishermen  rests  on  the  highest  ground  of  national  policy,  he  ex- 
presses the  sentiment  felt  in  Nova.  Scotia  as  regards  the  jjiovineial  wel- 
fare in  connexion  with  this  subject.  'J'hc  Americans  are  li)rtunate  in 
seeing  the  principle  carried  into  practice;  for  the  encouragement  af- 
forded their  fishermen  by  the  government  of  the  United  States  is  not 
small,  and  its  strenuous,  persevering,  and  successful  cfl<>rts  to  extend 


252 

their  fishing  privileges  on  her  Majesty's  coasts  but  too  practically  evince 
its  desire  and  ability  to  promote  this  element  of  national  and  individual 
prosperity.  As  far  as  I  can  learn,  a  liberal  tonnage  bounty  is  given  on 
their  fishing  craft,  besides  a  bounty  per  barrel  on  the  pickled  fish — thus 
guarding  the  fisherman  against  serious  loss,  in  case  of  the  failure  of  his 
voyage  ;  and  he  is,  I  believe,  further  favored  by  privileges  allowed  on 
the  importation  of  salt  and  other  articles,  while  a  market  is  secured  him 
at  home  which  insures  a  profitaljle  reward  lor  the  fruit  of  his  labor  by 
a  protecting  duty  of  five  shillings  per  quintal  on  dry  fish,  equid  to  fifty 
per  cent,  of  its  value,  and  from  one  to  two  dollars  per  barrel  on  pickled 
fish,  according  to  the  difierent  kinds,  equal  to  at  least  twenty  per  cent, 
of  their  values. 

"The  duty  on  American  fish  imported  into  the  colonies  is  much  less, 
and  the  British  colonial  fisherman  is  unsustained  by  bounties ;  but  the 
chief  cbawback  to  his  success  is  the  want  of  certain  and  staple 
markets,  those  on  which  he  is  principally  dependent  being  very  limited 
and  fluctuating. 

"In  the  contrast,  therefore,  drawn  by  Mr.  Everett,  between  the  ad- 
vantages of  the  colonial  and  American  fisherman,  the  extensive  home- 
markets  of  the  latter,  independently  of  the  encouragement  he  receives 
from  bounties  and  other  sources,  much  more  than  compensates,  I  be- 
lieve, for  any  local  conveniences  enjo3'"ed  by  the  former. 

"  The  colonists  cannot  understand  the  principle  on  which  concession, 
in  an};-  form,  should  be  granted  to  the  American  people  in  a  case 
avowedly  ^touchivg  the  highest  grounds  of  national  "policy^  even  although 
concession  did  not  involve  consequences,  as  it  unhappily  does  in  the 
present  case,  both  immediate  and  remote,  most  injurious  to  colonial 
interests. 

"The  strong  and  emphatic  language  of  the  treaty  of  181S  is,  that 
the  United  States  '  renounce  forever  any  liberty  heretofore  enjoyed  or 
claimed  by  the  inhabitants  thereof  to  take,  dry,  or  cure  fish  on,  or 
within  three  marine  miles  of,  any  of  the  coasts,  bays,  creeks,  or  har- 
bors of  his  Britannic  Majesty's  dominions  in  America  not  included 
within  the  above-mentioned  limits :  provided,  however,  that  the  Ameri- 
can fishermen  shall  be  admitted  to  enter  such  bays  and  harbors  for  the 
purpose  of  shelter  and  of  repairing  damages  therein,  of  purchasing 
wood  and  of  obtaining  water  and  for  no  other  purpose  whatever.  But 
they  shall  be  under  such  restrictions  as  may  be  necessary  to  prevent 
their  taking,  dryilig,  or  curing  fish  therein,  or  in  any  other  manner 
whatever  abusing  the  privileges  hereby  reserved  to  them.' 

"If  this  national  contract  joes  not  exclude  the  Americans  from  fish- 
ing within  the  indentations  of  our  coasts  and  firom  our  bays  and  harbors^ 
the  people  of  Nova  Scotia,  while  it  remained  in  force,  could  not  com- 
plain of  the  exercise  of  the  right. 

"But  we  beUeve  the  treaty  does  exclude  them,  and  we  but  ask  a 
judicial  inquiry  and  determination  before  these  valuable  privileges  are 
relinquished :  the  highest  law  opinions  in  England  have  justified  our 
belief^ — her  Majesty's  government,  in  theory,  avows  and  maintains  it. 

"  The  compact,  too,  was  in  its  nature  reciprocal ;  and  had  the  treaty, 
in  this  particular,  been  (as  it   was  not)  hard  upon  the  United  States, 


25S 

there  may  doubtless  be  found,  in  other  piirts  of  it,  stipulations  at  least 
equally  unfriendl}''  to  British  interests. 

"I  repeat,  my  lord,  we  eannot  understand  why  the  Amcricayis  should 
not  be  hdd  to  their  bargain;  nor  can  we  perceive  the  principle  of  justice 
or  prudence  which  would  relax  its  terms  in  fivor  of  a  foreign  j)C()plc 
whose  means  and  advantages  already  preponderate  so  greatly,  and  that, 
too,  without  reciprocal  concessions,  and  at  the  expense  of  her  Majesty's 
colonial  subjects,  whose  prosperity  is  deeply  involved  in  the  protection 
and  enlargement  of  this  important  element  of  their  welfare. 

"If  the  present  concessions  to  the  United  States  are  hoped  to  end 
and  quiet  the  controvers}-  between  their  fishermen  and  this  province, 
there  is  too  much  reason  to  fear  the  expectation  will  end  in  disappoint- 
ment. From  the  greater  encouragement  that  will  be  given  i()r  viola- 
tion of  the  treaty,  under  the  modified  conditions  suggested  to  be  im- 
jx)sed  on  the  American  fishermen,  and  from  the  multiplied  facilities  for 
evasion  and  falsehood,  increased  and  not  diminished  occasions  of  col- 
lision can  only  be  expected;  and  it  may  safely  be  asserted,  from  a 
knowledge  of  the  subject  and  of  the  parties,  that,  unless  the  British 
government  are  content  to  maintain  the  strict  construction  of  the  treaty, 
as  a  mere  question  of  past  contract  and  settled  right,  whatever  that 
construction  ma}'  be,  the  encroachment  of  the  American  fishermen  will 
not  cease,  nor  disputes  end,  until  they  have  acquired  unrestricted 
license  over  the  whole  shores  of  Nova  Scotia. 

"It  is  hoped,  nxy  lord,  that  if  an  arrangement  such  as  is  contem- 
plated should  unhappily  be  made,  its  terms  may  clearly  express  that 
the  American  fishermen  are  to  be  excluded  from  fishing  within  three 
miles  of  the  entrance  of  the  bays,  creeks,  and  inlets,  into  which  they  are 
not  to  be  permitted  to  come. 

"Some  doubt  on  this  point  rests  on  the  language  of  Lord  Stanley's 
despatch,  and  the  making  the  criterion  of  the  restricted  bays,  creeks, 
and  inlets  to  be  the  width  of  the  double  of  three  marine  miles,  would 
strengthen  the  doubt  bv  raising  a  piesumption  that  the  shores  of  these 
baj^s,  &c.,  and  the  shores  of  the  general  coast,  were  to  be  considered 
in  the  same  hght  and  treated  on  the  same  footing. 

"To  avoid  such  a  construction,  no  less  than  to  abridge  the  tlireat- 
ened  evil,  the  suggestion  made  to  your  lordship  by  Mr.  Stewart  that  at 
least  this  width  should  be  more  than  the  double  of  three  marine  miles — 
say  three  or  i()ur  times  more — ought,  I  think,  to  be  strongly  enforced. 

"I  have  the  honor  to  be,  your  lordship's  most  obtnlicnt  servant, 

"J.  W.  JOILXSTOxN. 

"  To  the  Right  Hon.  His  Excellency 

"ViscouxT  Falkland,  Lieut.  Governor,  ^i:,  ^'c,  ^'c." 

Meantime  New  Brunswick  was  as  active  to  prevent  the  measures 
under  consideration  of  the  British  ministry  as  her  sister  colony  of  Nova 
Scotia.  The  Hon.  Charles  Simonds,  speaker  of  the  House  of  Assem- 
bly, ;md  a  gentleman  of  great  wealth  and  of  high  consiil(>ration  in 
colonial  circles,  was  deputed  by  the  council  of  the  first  named  posses- 
sion of  the  cnnvn  to  attend  to  its  interests,  and  to  remonstrate  against 
further  "concessions."     On  his  arrival  in  England  he  met  the  Hon. 


254 

George  R.  Young,  a  distingaisbed  personage  of  Nova  Scotia,  who  was 
anxious  to  join  him  in  behalf  of  his  own  colony.  The  Gaspe  Fishing 
and  Mining  Company  selected  an  agent  to  act  with  them,  and  the  three 
gentlemen  waited  upon  a  member  of  the  Board  of  Trade,  to  whom 
they  communicated  their  views  of  the  case. 

Interviews  with  several  other  functionaries  followed  ;  and,  finally, 
they  met  Lord  Stanley,  the  secretary  for  the  colonies,  to  whom  Mr. 
Simonds,  as  the  only  one  who  was  officially  authorized  to  address  his 
lordship,  made  "a  strong  representation"  of  the  injurious  consequences 
certainly  to  result  to  her  Majesty's  American  subjects,  were  the  nego- 
tiations with  Mr.  Everett  to  be  concluded  on  the  basis  proposed.  The 
secretary  assured  him,  in  reply,  that  "nothing  should  be  done  to  injure 
the  colonies  ;"  and  Mr.  Simonds,  after  his  return  to  New  Brunswick, 
stated  his  entire  confidence  in  the  effect  of  his  "representations"  to 
change  the  designs  ent(U-tained  by  the  ministry. 

The  liberal  policy  towards  the  United  States,  known  to  have  had  the 
positive  sanction  of  the  first  minister  of  the  crown,  (the  late  Sir  Robert 
Peel,)  which  was  designed  to  remove  all  reasonable  complaints  on  our 
part,  was  abandoned.  It  was  defeated  by  the  means  here  stated,  and 
by  memorials  to  the  Queen,  from  merchants  and  others  in  New  Bruns- 
wick and  Nova  Scotia,  which  we  need  not  specially  mention.  Tidings 
of  success  soon  reached  the  gratified  colonists.  On  the  17th  of  Sep- 
tember, 1845,  Lord  Stanley  thus  wrote  to  Lord  Falkland  : 

"Her  Majesty's  government  have  attentively  considered  the  repre- 
sentations contained  in  your  despatches  Nos.  324  and  331,  of  the  17th 
of  June  and  2d  of  July,  respecting  the  policy  of  granting  permission 
to  the  fisheries  of  the  United  States  to  fish  in  the  Bay  of  Chaleurs,  and 
other  large  bays  of  a  similar  character  on  the  coasts  of  New  Brunswick 
and  Nova  Scotia;  and  apprehending  from  your  statements  that  any  such 
general  concession  would  be  injurious  to  the  interests  of  the  British 
North  American  provinces,  we  have  abandoned  the  intention  we  had 
entertained  on  the  subject,  and  shall  adhere  to  the  strict  letter  of  the 
treaties  which  exist  between  Great  Britain  and  the  United  States  rel- 
ative to  the  fisheries  in  North  America,  except  in  so  far  as  they  may 
relate  to  the  Bay  of  Fundy,  which  has  been  thrown  open  to  the  North 
Americans  under  certain  restrictions. 

"In  announcing  this  decision  to  you,  I  must,  at  the  same  time,  direct 
your  attention  to  the  absolute  necessity  of  a  scrupulous  observance  of 
those  treaties  on  the  part  of  the  colonial  authorities,  and  to  the  danger 
which  cannot  fail  to  arise  from  any  overstrained  assumption  of  the 
power  of  excluding  the  fishermen  of  the  United  States  from  the  waters 
in  which  they  have  a  right  to  follow  their  pursuits." 

It  is  possible  that,  had  our  government  seconded  the  efforts  of  our 
minister  at  the  Court  of  St.  James,  and  had  instructed  him,  in  positive 
and  earnest  terms,  that  the  pretensions  and  claims  of  the  colonists, 
which  were  at  last  adopted  by  the  British  government,  had  not  been, 
and  never  would  be,  admitted  as  a  just  and  proper  commentary  on  the 
convention  of  1818,  the  despatch  from  which  the  preceding  extract  is 
made  would  never  have  been  written ;  and  that  of  consequence  the 
excitement  and  difficulties  of  1852  would  never  have  occurred.     As  it 


255 

was,  the  chiklren  of  the  "torics"  triuni^jhcd  over  the  ehildren  of  the 
•*  whigs"  of  the  Revohition. 

The  events  of  1S4G,  and  of  the  three  suceeeding  years,  will  not 
detain  us  but  a  moment.  The  seizure  and  total  loss  of  several  Amer- 
iean  vessels,  and  the  renewed  efforts  of  the  Nova  Scotia  House  of 
Assembly  to  close  the  Strait  of  Canso,  for  reasons  stated  in  three  an- 
nual reports  of  committees  of  that  bod}',  are  the  most  important,  and 
all  which  we  need  notice. 

As  we  open  upon  the  occurrences  of  1S51  we  are  met  with  a  fourth 
report  on  tfie  very  humane  and  favorite  pl;in  of  closing  Canso,  which, 
for  reasons  presently  to  appear,  should  be  preserved  in  these  pages. 

"The  connnitlee  appointed  to  consider  the  question  of  the  navigation 
by  foreign  vessels  of  the  Gut  of  Canso,  beg  leave  Jo  report  as  follows: 

"The  question  submitted  to  your  committee  involves  the  considera- 
tion, first,  of  the  right  of  the  legislature  of  this  province  to  impose  re- 
strictions or  obstructions  upon  foreign  vessels  wishing  the  use  of  the 
passage ;  and  secondly,  the  policy  of  imposing  any,  and  what,  restric- 
tions or  obstructions.  Your  committee,  in  the  consideration  of  the  first 
point,  are  aided  materially  by  the  action  of  a  committee  of  this  house 
in  the  year  1S42,  who  prepared  a  series  of  questions  which  were  sub- 
mitted by  Lord  Falkland  to  the  colonial  secretar}',  and  by  him  to  the 
law  officers  of  the  crown  in  England,  upon  the  general  subject  of  the 
rights  of  fishery  as  reserved  to  this  country  by  tlic  treaty  with  the 
United  States  in  the  year  1818,  and  also  respecting  the  navigation  of 
the  Gut  of  Canso.  As  the  consideration  of  your  committee  has  been 
solely  directed  to  the  latter  point,  it  is  unnecessary  to  advert  to  the 
issues  raised  upon  the  other  points.  The  investigation  is,  therefore, 
confined  to  the  fourth  question  submitted — that  is  to  say,  Have  vessels 
of  the  United  States  of  America,  fitted  out  for  the  fishery,  a  right  to 
pass  through  the  Gut  or  Strait  of  Canso,  which  they  cannot  do  without 
coming  within  the  prescribed  limits,  or  to  anchor  there  or  to  fish  there; 
and  is  casting  bait  to  lure  fish  in  the  track  of  the  vessel,  fishing  within 
the  meaning  of  the  conv<Hition  ? 

"This  question,  with  the  others,  was  suggested  by  the  consideration 
of  a  remonstrance  from  Mr.  Stevenson,  then  United  States  minister  in 
England,  dated  27th  of  March,  1841,  addressed  to  Lord  Palmerston, 
then  and  now  Foreign  Secretary,  against  the  seizure  of  fishing  vessels 
belonging  to  citizens  of  the  United  States  for  alleged  breaches  of  the 
terms  of"  the  convention  of  1818,  a  copy  of  which  was  forwarded  to 
Lord  Falkland,  then  lieutenant-governor  of  this  province,  and  submit- 
ted by  him  to  the  legislature  of  1842.  This  note  contains  the  following 
observations  in  respect  to  the  navigation  of  the  Gut  of  Canso  :  '  It  may 
be  proper,  also,  on  this  occasion  to  bring  to  the  notice  of  her  Majesty's 
government  the  assertion  (jf  the  provincial  legislature,  that  "the  Gut 
or  Strait  of  Canso  is  a  narrow  strij)  ol"  water,  compl(!tely  within  and 
dividing  several  counties  of  the  j)rovinre,"  and  that  the  use  of  it  by  the 
vessels  and  citizens  of  the  United  Stales  is  in  violation  of  the  trc^aty  of 
1818.  This  strait  separates  Nova  Scotia  from  the  island  of  Cape 
Breton,  which  was  not  annexed  to  the  jjrovince  until  the  year  1820. 
Prior  to  that,  in  1818,  Capt;  Jireton  was  enjoying  a  government  of  its 
own,  (lislincl  from  Nova  Scotia,  the  strait  l<)nuing  tlit.'  line  of"  demarca- 


256 

tion  between  them;  and  being  then,  as  now,  a  thoroughflire  for  vessels 
passing  into  and  out  of  the  Gulf  of  St.  Lawrence.  The  union  of  the 
two  colonies  cannot,  therefore,  be  admitted  as  vesting  in  the  province 
the  right  to  close  a  passage  which  has  been  freely  and  indisputably- 
used  by  the  citizens  of  the  United  States  since  the  year  1783.  It  is 
impossible,  moreover,  to  conceive  how  the  use  on  the  part  of  the  United 
States  of  the  right  of  passage,  common,  it  is  believed,  to  all  nations, 
can  in  any  manner  conflict  with  the  letter  or  spirit  of  the  existing  treaty 
stipulations.' 

"  The  questions  having  been  previously  forwarded  by  Lord  Falkland 
to  Lord  John  Russell,  Lord  Falkland,  on  the  8th  of  May,  1841,  ad- 
dressed to  Lord  John  Russel  a  very  able  despatch  on  the  general  sub- 
ject of  the  fisheries,  in  which  previous  provincial  legislation  was  satis- 
factorily vindicated' from  charges  made  by  Mr.  Stevenson  for  the  seizui'e, 
improperly,  of  American  fishing  vessels;  and  clearly  showed  that  the 
provincial  legislation  was  founded  upon  and  sustained  by  previous  im- 
perial acts  upon  the  same  subject ;  and  which  despatch  most  completely 
silenced  any  further  complaints  of  a  like  nature.  This  despatch  also 
refers  to  the  navigation  of  the  Gut  of  Canso,  upon  which  Lord  Falk- 
land therein  remarks,  in  answer  to  Mr.  Stevenson,  'Her  Majesty's  ex- 
clusive property  and  dominion  in  the  Strait  of  Canso  is  deemed  main- 
tainable upon  the  principles  of  international  law  already  referred  to, 
and  which  it  is  considered  will  equally  apply,  whether  the  shore  on 
each  side  form  pnrt  of  the  same  province,  or  of  different  provinces  be- 
longing to  her  Majesty.  This  strait  is  very  narrow,  not  exceeding,  in 
some  parts,  one  mile  in  breadth,  as  may  be  seen  on  the  admiralty 
chart;  and  its  navigation  is  not  necessary  for  communication  with  the 
space  beyond,  which  may  be  reached  by  going  round  the  island  of 
Cape.  Breton.' 

"Lord  Falkland  again  says:  'I  have  now,  T  trust,  established,  that 
if  the  interpretation  put  upon  the  treaty  by  the  inhabitants  of  Nova 
Scotia  is  an  incorrect  one,  they  are  sincere  in  their  belief  of  the  justice 
and  interpretation,  and  most  anxious  to  have  it  tested  by  capable 
authorities;  and  further,  that  if  the  laws  passed  by  the  provincial  leg- 
islature are  really  of  the  oppressive  nature  they  are  asserted  to  be  by 
Mr.  Stevenson,  they  were  enacted  in  the  belief  that  the  framers  of  them 
were  doing  nothing  more  than  carrying  out  the  views  of  the  home 
government  as  to  the  mode  in  which  the  colonists  should  protect  their 
own  dearest  interests.  I  enclose  a  copy  of  the  proclamation  containing 
the  act  of  the  6th  William  IV,  of  which  Mr.  Stevenson  comj^lains;  and 
any  alteration  in  its  provisions,  should  such  be  deemed  necessary,  may 
be  made  early  in  the  next  session  of  the  provincial  Parliament. 

"  The  opinion  of  the  Queen's  advocate  and  her  Majesty's  attorney 
general  on  the  case  drawn  up  by  Lord  Falkland,  and  upon  the  questions 
submitted  by  the  committee,  was  enclosed  by  Lord  Stanley  to  Lord 
Falkland,  accompanied  by  a  despatch  dated  the  2Sth  of  November, 
1842.  The  opinion  of  the  law  officers  of  the  crown,  sustained  as  it 
was  by  the  British  government,  upon  the  point  now  under  discussion, 
is  as  follows:  'By  the  convention  of  1818,  it  is  agreed  that  American 
citizens  should  have  the  liberty  of  fishing  in  the  Gulf  of  St.  Lawrence, 
and  wiihin  certain  defined  limits,  in  common  with  British  subjects,  and 


257 

such  convention  does  not  contain,  any  words  negativing  the  right  to 
navigate  the  passage  of  the  Gut  of  Canso,  and  therefore  it  may  be 
conceded  that  such  right  of  navigation  is  not  taken  away  by  that  con- 
vention ;  but  we  have  attentively  considered  the  course  of  navigatitm 
to  the  gulf  by  Cape  Brelon,  and  likewise  the  capacity  and  situation  of 
tlie  passage  of  Causo,  and  of  the  British  dominions  on  cither  side;,  and 
we  are  of  opinion  that,  independently  of  treaty,  no  foreign  country  ha-s 
the  right  to  use  or  navigate  the  passage  of  Canso,  and  attending  to  the 
liberty  of  fishery  to  be  enjoyed  by  American  citizens.  We  are  also  of 
opinion  that  the  convention  did  not,  either  expressly  or  by  necessary 
implication,  concede  any  sue!)  right  of  using  or  navigating  the  passage 
in  cpu^stion.' 

"  The  opinion  of  the  British  government,  resting  upon  that  of  the 
law  officers  of  the  crown,  is,  therefore,  clearly  expressed  to  the  head 
of  the  government  of  this  province,  for  his  direction  and  guidance,  and 
tliat  of  the  Icgishiture.  The  case  is  decided  after  a  fuU  examination 
of  the  arguments  on  both  sides.  Mr.  Stevenson  complains  of  the  ex- 
ercise of  the  right  asserted  l)y  the  government  here  to  control  the 
'passage  of  Canso.'  Lord  Falkland  submitted  his  views,  as  well  as 
those  of  the  committee,  in  opposition  to  those  of  Mr.  Stevenson;  and 
the  decision  is  unequivocally  against  the  American  claim.  It  will  be 
observed  that  Mr.  Stevenson  rests  his  opposition  to  the  right  claimed 
principally  upon  the  fact  that  the  island  of  Cape  Breton  was  a  distinct 
colony  at  the  time  of  the  convention  of  1818 ;  and  hence  argues  that 
tiie  province  of  Nova  Scotia,  not  having  then  the  sole  right  to  the  waters 
of  the  Gut  of  Canso,  could  not  now  claim  to  exercise  an  unlimited 
control.  Admitthig  that  such  did  not  then  exist,  it  is  clear  that  if  a 
common  right  is  enjoyed  solely  by  two  parties,  their  union  would 
give  complete  control;  and  it  may  be  fairly  contended  that  Nora 
Scotia  and  Cape  Breton,  being  now  under  one  government,  possess  the 
same  powers  united  as  they  did  before  the  union,  as  respects  third 
parties;  and  that  the  effect  of  the  union  only  operates  to  prevent  antag- 
onistic action  relatively  between  them.  Th(*law  ollicers  of  the  crown, 
however,  take  higher  ground,  and  insist,  first,  that  no  f()reign  power 
has  any  such  right  as  that  contended  for  by  Mr.  Stevenson,  uiil(\ss  con- 
veyed by  treaty ;  and,  secondly,  that  no  such  right  is  conferred  by  the 
tJ-oaty  of  1818  to  American  citizens.  Having  such  high  authority  in 
favor  of  the  existing  control  of  the  navigation  of  the  passages  in  question, 
it  might  be  considered  as  conchisiv(-ly  settled;  but  as  this  exclusive 
right  is  contested  on  the  part  of  the  American  government,  the  opinion 
of  the  late  Chancellor  Kent,  an  American  jurist  of  the  highest  standing, 
in  favor  of  the  exercise  of  that  right,  as  given  in  a  chapter  of  his  cele- 
brated Legal  Commentaries  upon  the  Law  of  Nations,  is  of  peculiar 
value  and  importance.  That  distinguished  lawyer,  in  the  work  just 
m<'ntioned,  treat'ng  at  large  upon  this  subject,  says: 

"  '  It  is  difficult  to  draw  any  precise  or  determinate  conclusion  amidst 
tlie  variety  of  opinions  as  to  the  distance  t<>  which  a  Slat(>  may  law  liilly 
extend  its  exclusive  dominion  over  the  sea  adjoining  its  lerriiiu  ies,  and 
bevond  thos(!  portions  of  the  sea  which  are  embraced  by  harbors, 
gulfs,  bays,  and  estuaries,  and  over  which  its  jurisdietion  un(]uesti()n- 
ably  extends.  All  that  c;ui  be  reasonably  asserted  is,  that  the  domlnitm 
17 


258 

of  the  sovereign  of  the  shore  over  the  contiguous  sea  extends  as  far  as 
is  requisite  for  his  safety  and  for  some  lawful  end.  A  more  extended 
dominion  must  rest  entirely  upon  force  and  maritime  supremacy. 
According  to  the  current  of  modern  authority,  the  general  territorial 
jurisdiction  extends  into  the  sea  as  far  as  cannon-shot  will  reach,  and 
no  farther,  and  this  is  generally  calculated  to  be  a  marine  league ;  and 
the  Congress  of  the  United  States  have  recognised  this  limitation  by 
authorizing  the  district  courts  to  take  cognizance  of  all  captures  made 
within  a  marine  league  of  the  American  shores.  The  executive  author- 
ity of  this  country,  in  1793,  considered  the  whole  of  Delaware  bay  to 
be  within  our  territorial  jurisdiction,  and  it  rested  its  claim  upon  those 
authorities  which  admit  that  gulfs,  channels,  and  arms  of  the  sea  belong 
to  the  people  with  whose  land  they  are  encompassed.  It  was  intimated 
that  the  law  of  nations  would  justify  the  United  States  in  attaching  to 
their  coasts  an  extent  into  the  sea  beyond  the  reach  of  cannon-shot. 
Considering  the  great  extent  of  the  line  of  the  American  coasts,  we 
have  a  right  to  claim  for  fiscal  and  defensive  regulations  a  liberal  ex- 
tension of  maritime  jurisdiction;  and  it  would  not  be  unreasonable,  as 
I  apprehend,  to  assume,  for  domestic  purposes  connected  with  our 
safety  and  welfare,  the  control  of  the  waters  on  our  coast,  though  in- 
cluded within  lines  stretching  from  quite  distant  headlands,  as,  for 
instance,  from  Cape  Ann  to  Cape  Cod,  and  from  Nantucket  to  Mon- 
tauk  point,  and  from  that  point  to  the  capes  of  the  Delaware,  and  from 
the  south  cape  of  J^lorida  to  the  Mississippi.  It  is  certain  that  our 
government  would  be  disposed  to  view  with  some  uneasiness  and  sen- 
sibility, in  the  case  of  war  between  other  maritime  powers,  the  use  of 
the  waters  of  our  coast  far  beyond  the  reach  of  cannon-shot  as  cruising 
ground  for  belligerent  purposes.  In  1793,  our  government  thought 
th^y  were  entitled,  in  reason,  to  as  broad  a  margin  of  protected  navi- 
gation as  any  nation  whatever,  though  at  that  time  they  did  not  posi- 
tively insist  beyond  the  distance  of  a  marine  league  from  the  sea  shores ; 
and  in  1806  our  government  thought  it  would  not  be  unreasonable, 
considering  the  extent  of  the  United  States,  the  shoalness  of  their  coast, 
and  the  natural  indication  furnished  by  the  well-defined  path  of  the 
Gulf  stream,  to  except, an  immunity  from  belligerent  warfare  for  the 
space  between  that  limit  and  the  American  shore.' 

"  From  the  fbreo;oinor  extract  it  will  be  observed  that  Chancellor  Kent 
agrees  with  the  principles  put  forth  by  the  law  officers  of  the  crown, 
and  which  justify  the  conclusion  '  that  no  foreign  power,  independently 
of  treaty,  has  any  right  to  navigate  the  passage  of  Canso.'  Having 
thus,  by  the  highest  legal  authorities  of  England  and  the  United  States, 
been  borne  out  in  the  assumption  that  no  foreign  power  has  any  such 
right,  the  next  inquiry  is,  as  to  where  the  power  of  controlling  the  pas- 
sage of  Canso  exists.  By  the  act  of  1820,  Cape  Breton  was  annexed 
to  Nova  Scotia,  and  has  since  that  period  formed  a  part  of  this  province, 
which  for  nearly  a  century  has  enjoyed  a  representative  form  ©f  govern- 
ment, and  which,  in  making  laws,  is  only  controlled  by  the  operation  of 
imperial  statutes  and  the  veto  of  the  crown.  The  right  to  make  laws  to 
affect  navigation,  except  the  registry  of  ships,  has  been  enjoyed  and 
acted  upon  by  this  legislature.  Various  laws  have  also  been  enacted 
making  regulations  for  setting  nets,  and  in  other  respects  for  regulating 


259 

the  fisheries  in  our  bnys  and  creeks.  Stntutcs  liavc  also  been  passed 
here,  and  assented  to  in  England,  for  collecting  light  duties  in  the  Gut 
of  Canso,  and  American  and  other  foreign,  and  also  British  and  colo- 
nial vessels,  have  been  brought  within  the  operation  of  those  statutes. 
The  right,  therefore,  to  legislate  in  respect  of  th(^  fisheries  and  in  re- 
spect of  the  navigation  of  the  Gut  of  Canso,  has  not  only  been  confirmed 
in  England,  but  has  been  acknowledged  in  America  in  the  payment  of 
light  duties. 

"The  legislature  of  Nova  Scotia  may,  therefore,  be  fairly  said  to 
have  the  right  to  pass  enactments  cither  to  restrict  or  obstruct  the 
passage  of  foreign  vessels  through  the  Gut  of  Canso. 

"The  second  point,  as  to  the  policy  of  imposing  yM?t7irT  restriction 
upon  foreign  vessels  passing  through  the  Gut  of  Canso,  is  yet  to  be 
considered. 

"In  the  consideration  of  that  question,  the  treaty  of  1818  affords  the 
best  means  of  arriving  at  a  sound  conclusion.  The  American  govern- 
ment, by  it,  relinquish  all  right  of  fishery  within  three  marine  miles 
of  the  coasts,  bays,  creeks,  or  harbors  of  this  province  ;  and  under 
the  construction  put  upon  that  clause  in  England,  upon  the  same 
principle  of  international  law  as  is  acknowledged  and  insisted  upon 
by  the  American  government,  the  American  citizens,  under  the  treaty, 
have  no  right,  for  the  purpose  of  fishery,  to  enter  any  part  of  the  Bay 
of  St.  George  tying  between  the  headlands  formed  by  Cape  George 
on  the  one  side  and  Port  Hood  island  on  the  other.  American  fisher- 
men, therefore,  when  entering  that  bay  for  fishing  purposes,  are  clearly 
violating  the  terms  of  the  treaty.  It  may  be  said  that  the  Gut  of  Canso 
affords  a  more  direct  and  easy  passage  to  places  in  the  Gulf  of  St. 
Lawrence,  where  American  fishermen  would  be  within  the  terms  of 
the  treaty;  but  that  is  no  good  reason  why  this  legislature  should  r>er 
mit  them  to  use  that  passage,  when  their  doing  so  is  attended  with 
almost  disastrous  consecjuenccs  to  our  own  fishermen.  Were  there 
no  other  means  of  getting  upon  the  fishing  grounds,  in  the  produce  of 
which  they  are  entitled  to  pru-ticipate,  the  Americans  might  then  assert 
a  right  of  way,  from  necessit}-,  through  the  Gut  of  Canso.  When  that 
necessity  does  not  exist,  it  would  be  unwise  any  longer  to  permit 
American  fishing  vessels  to  pass  through  the  Gut  of  Canso,  for  the  fol- 
lowing, among  many  other  reasons  that  could  be  given,  if  necessary  :  In 
the  month  of  (3cto])cr,  the  net  and  seine  fishery  of  mackerel  in  the  Bay  of 
St.  George  is  most  important  to  \hc  people  of  tliat  part  of  the  count  ry,  and 
recjuircs  at  the  hands  of  the  legislature  every  legitimate  protection.  Up 
to  tiiis  period  American  fishermen,  using  the  passage  of  the  Gut  of  Canso, 
go  from  it  into  St.  (icorge's  bay,  and  not  only  throw  out  bait  to  lure 
the  fisli  from  the  sliores  where  the}'-  are  usually  caught  by  our  own 
fishermen,  but  actually  fish  in  all  ])arts  of"  that  ])ay,  even  within  one 
mile  oftlie  shores.  It  is  also  a  notorious  fiict  ihat  the  American  fishing 
vessels  in  that  bay  annually  destroy  the  nets  of  the  fishermen  by  sailing 
tliroiiL'h  tli(!m,  and  every  year  in  that  way  do  injury  to  a  great  extent — 
and  tills  upon  ground  which  they  have  no  right  to  tread.  Remon- 
strances have  there(()re  been  made  to  the  American  government  against 
such  conduct ;  but  the  answer  has  invari;il)ly  been,  to  protect  onrselvcs 
in  that  respect.  Had  the  United  Statt'S  government  adopted  suitable 
measures  to  prevent  its  citizens  from  trespassing  as  before  mentioned, 


260 

it  would  not  be  necessary  for  this  legislature  to  put  any  restrictions 
upon  their  use  of  the  passage  in  question  ;  but  as  the  onus  has  been 
thrown  upon  this  legislature,  it  is  clearly  its  duty  to  adopt  the  most 
efficient  and  least  expensive  means  of  protection.  If  the  privilege  of 
passage  is  exercised  through  the  Gut  of  Canso  and  the  bay  in  question, 
it  is  next  to  impossible  to  prevent  encroachments  and  trespasses  upon 
our  fishing  grounds  by  American  citizens,  as  it  would  require  an  ex- 
pensive coast-guard  by  night  and  day  to  effect  that  object,  and  then 
only  partial  success  would  result.  It  would  be  unreasonable  to  tax 
the  people  of  this  country  to  protect  a  right  which  should  not  be  in- 
vaded by  foreigners,  and  which  can  only  be  invaded  and  eftcroached 
upon  by  our  permitting  foreigners  to  use  a  passage  tb  which  they  are 
not  entitled.  Without,  therefore,  any  desire  unnecessarily  to  hamper 
American  citizens  in  the  enjoyment  of  that  to  which  the}^  are  justly 
entitled,  your  committee  consider  it  their  imperative  duty  to  recom- 
mend such  measures  for  the  adoption  of  the  House  as  will  in  the  most 
effectual  way  protect  the  true  interests  of  this  country.  The  outlay 
necessarily  required  to  watch  properly  the  operations  of  foreign  fishing 
vessels  in  the  Bay  of  St.  George,  so  as  to  prevent  encroachments, 
amounts  to  a  prohibition  of  its  being  accomplished  ;  and  it  therefore 
becomes  indispensable  that  such  vessels  be  prohibited  from  passage 
through  the  Gut  of  Canso.  The  strait  will  always  be,  to  vessels  of 
all  classes,  a  place  of  refuge  in  a  storm,  and  American  fishing  vessels 
will  be  entitled  to  the  use  of  it  as  a  harbor  for  the  several  purposes 
mentioned  in  the  treaty.  It  can  be  visited  for  all  those  purposes  with- 
out a  passage  through  being  permitted;  and  your  committee  therefore 
recommend  that  an  act  be  passed  authorizing  the  governor,  by  and  with 
the  advice  of  his  executive  council,  by  proclamation,  either  to  impose 
a  tax  upon  foreign  fishing  vessels  for  such  amount  as  may  be  provided 
in  the  act,  or  to  prohibit  the  use  of  such  passage  altogether." 

It  is  of  consequence  to  remark,  that,  as  far  as  there  is  evidence  be- 
foie  the  public,  the  fisheries  were  not  once  mentioned  by  Mr.  McLane, 
(who  succeeded  Mr.  Everett,)  in  his  correspondence  with  the  British 
government,  during  his  mission.  Nothing,  in  fact,  seems  to  have  passed 
between  the  two  cabinets  relative  to  the  subject  for  more  than  six 
years,  though  England  retraced  no  step  after  opening  the  Bay  of  Fun- 
dy.  Our  public  documents  do  show,  however,  that,  between  the  years 
1847  and  1851,  overtures  were  made  to  our  government  for  "a  free 
interchange  of  all  natural  productions "  of  the  United  States  and 
of  the  British  American  colonies  with  each  other,  either  by  treaty 
stipulations  or  by  legislation.  In  the  first-mentioned  year,  Canada 
passed  an  act  embracing  this  object,  which  was  to  become  operative 
whenever  the  United  States  should  adopt  a  similar  measure.  A  bill  to 
meet  the  act  of  Canada  was  introduced  into  Congress,  and  pressed 
by  its  friends,  for  three  successive  sessions,  but  failed  to  become  a  law. 
That  the  people  of  Canada  were  "  disappointed,"  is  a  fact  officially 
communicated  to  Mr.  Webster,  Secretary  of  State,  by  Sir  Henry  Bul- 
wer,  the  British  minister.  It  is  not  impossible  that  the  existence  of 
this  feeling  will  sufficiently  explain  why  the  Canadian  government  be- 
came a  party  to  the  following  agreement,  which  was  signed  at  Toronto, 
on  the  21st  of  June,  1851,  at  a  meeting  of  colonial  delegates,  by  the 


261 

president  of  the  executive  council  of  Canada  and  the  lion.  Joseph 
Howe,*  secretary  of  Nova  Sdotia : 

"  Mr.  Howe  having  called  the  attention  of  his  excellency  ond  tlic 
council  to  the  importance  and  valn(>  of  the  gulf  fisheries,  upon  which 
foreigners  largely  trespass,  in  violation  of  treaty  stipulations,  and  Mr. 
Chandler  having  submitted  a  report  of  a  select  committee  of  the  House 
of  Assembly  of  New  Brunswick,  having  reference  to  the  same  subject, 
the  government  of  Canada  determines  to  co-operate  with  Nova  Scotia 
in  the  efficient  prot(>ctionof  the  fisheries,  by  providing  either  a  steamer 
or  two  or  more  sailing  vessels  to  cruise  in  the  Gulf  of  St.  Lawrence 
and  along  the  coasts  of  Labrador. 

"  It  is  understood  that  Nova  Scotia  will  continue  to  employ  at  least 
two  vessels  in  the  same  service,  and  that  Mr.  Chandler  will  urge  upon 
the  government  of  New  Brunswick  the  importanceof  making  provision 
for  at  least  one  vessel  to  be  employed  for  the  protection  of  the  fisheries 
in  the  Ba}'  of  Fundy." 

Canadian  fishermen  are  by  no  means  numerous ;  and  the  zeal  thus 
manifested  to  aid  Nova  Scotia  in  preventing  the  "  violation  of  treaty 
stipulations"  could  hardly  have  been  awakened  by  the  misdeeds  of 
"foreigners"  on  the  fishing  grounds  of  the  "gulf."  The  motive  is  to 
be  sought  elsewhere.  Just  three  days  after  the  date  of  the  above  agree- 
ment, the  British  ministert  addressed  a  note  to  Mr.  Webster,  in  which 
the  previous  propositions  on  the  subject  of  reciprocal  trade  between 
the  United  States  and  the  Bi-itish  colonies  are  discussed  at  some  length, 
and  the  overture  for  an  arrangement  is  renewed.  He  enclosed  an  offi- 
cial communication  fi-om  Lord  Elgin,  the  governor  general,  and  other 
papers,  which  gave  details  of  the  plan  as  then  entertained.  This  plan 
embraced  no  concessions  with  regard  to  "  the  fisheries  in  estuaries  and 
in  the  mouths  of  rivers,"  and  sjiggested  no  changes  on  the  coast  or 
banks  of  Newfoundland;  but,  on  condition  that  the  United  States  would 
admit  "  all  fish,  either  cured  or  fresh,  imported  from  the  British  North 
American  possessions  in  vessels  of  any  nation  or  description,  free  of 
duty,  and  upon  terms,  in  all  respects,  of  equality  with  fish  importt^l  by 
citizens  of  the  United  States,"  her  Majesty's  government  were  prepared 
"  to  throw  open  to  the  fishermen  of  the  United  States  the  fisheries  in 
the  waters  of  the  British  North  American  colonies,  with  permission  to 
those  fishermen  to  land  on  the  coasts  of  those  colonies  for  the  purpose 
of  drying  their  nets  aivl  curing  their  fish,  provided  that,  in  so  doing, 
they  do  not  interfere;  with  the  owners  of  private  pro})erty  or  with  the 
operations  of  British  fishermen." 

*  This  pontloiiian  is  of  loyalist  descent.  John  llowo,  hia  father,  was  a  citizen  of  lloston, 
and  piililished  there  the  "  MassnchiisettK  Gazette  and  Hoston  News  ly^-tter,"  a  paper  which, 
in  the  revdiiiiionary  controverKy,  took  thi-  side  of  the  crown.  At  the  evacuation  of  that  (own 
by  the  royal  army,  he  accompanied  if  to  1  lalifax,  where  lie  resumed  hn.^^iness,  became  kinjjj's 
printer,  and  dicil  ut  n  ^ood  ohl  aye  in  \>*'.\'>.  llin  son,  mcntioni-d  in  tiie  t<'xt,  was  educated  a, 
printer,  and  eonducti-d  a  iiewspM|)er  for  several  years.  Aw  th«*  acknowledtjed  h'lidi'r  of  tho 
"  lihcraU"  of  Nova  Scotia,  he  possessed  sreat.  intlnenc<s  hiif,  aw  a  menil)er  of  l^ord  FiJkiund's 
coalition  cahinet,  hist  iiopuiarity  with  liis  party.  Mis  letters  to  J.,ord  .J<dui  Kusscll,  in  1H4(», 
eviiu-e  fjreat  ahility,  hut  contain  demands  on  the  home  government  whieh  are  irreconcilaiilo 
with  cfdonial  <lependence.  These  |)aj)prR  show  that  liie  I  (on.  Secretary  i-s  sonii'what  familiar 
wiili  till-  writings  (d"the  "  rrhrls"  (d"  his  father's  time,  and  that  what  was  treason  then,  and  with 
ttum,  is  entirely  ri>,'ht  iioir,  and  with  (he  descendants  of  iheir  o|iponeuts. 

t  JDocuuieuts  acconipanying  rnsidcnfs  nicssugc,  Deccuibor,  If',")!,  part  I,  pp.  89,  90. 


262 

Her  Majesty's  minister  desired  Mr.  Webster  to  inform  him  whether 
our  government  was  disposed  to  enter  upon  negotiations  and  conclude 
a  convention,  on  the  terms  suggested,  or  whether,  preferring  legisla- 
tion, an  urgent  recommendation  would  be  made  to  Congress,  at  the 
earliest  opportunity.  The  President  declined  to  negotiate;  bat  in  his 
annual  message,  December,  1S51,  he  said:  "Your  attention  is  again 
invited  to  the  question  of  reciprocal  trade  between  the  United  States 
and  Canada  and  other  British  possessions  near  our  frontier.  Overtures 
for  a  convention  upon  this  subject  have  been  received  from  her  Britan- 
nic Majesty's  minister  plenipotentiary,  but  it  seems  to  be  in  many  re- 
spects preferable  that  the  matter  should  be  regulated  hy  reciprocal  legis- 
lation. Documents  are  laid  before  you,  showing  the  terms  which  the 
British  government  is  willing  to  offer,  and  the  measures  which  it  may 
adopt,  if  some  arrangement  upon  this  siibject  shall  not  he  made.'''' 

Months  passed  away;  "Congress  did  nothing,  said  nothing,  thought 
nothing  on  the  subject,"  *  and  the  parties  to  the  Toronto  agreement 
became  impatient.  In  March,  1852,  the  committee  on  the  fisheries  of 
Nova  Scotia,  in  a  report  to  the  House  of  Assembly,  unanimously  re- 
commended a  sufficient  sum  to  be  placed  at  the  disposal  of  the  execu- 
tive of  the  colony,  to  employ  four  fast-sailing  vessels  during  the  fishing 
season,  with  authority  to  seize  all  foreign  vessels  found  employed  within 
the  prescribed  limits;  and  they  recommended,  also,  the  adoption  of 
measures  to  enlist  the  aid  of  the  home  government,  and  secure  the 
co-operation  of  naval  steam-vessels.  This  plan  was  substantially  ex- 
ecuted b}"-  the  Assembly.  The  government  of  Canada  promptly  fol- 
lowed, and  a  vessel  to  cruise  in  the  Gulf  of  St.  Lawrence  was  ready 
for  sea  early  in  May.  New  Brunswick  was  tardy,  but  the  authorities 
of  that  colony  were  reminded  of  their  duty  by  the  newspaper  press, 
and  finally  fitted  out  two  vessels.  Prince  Edward  Island  furnished 
one  vessel,  and  Newfoundland,  though  not  included  in  the  arrange- 
ments at  Toronto,  joined  the  movement.  In  June,  the  colonists  re- 
ceived assurances  from  Sir  John  Packington,  the  secretary  for  the  colo- 
nies, that  "among  the  many  pressing  subjects  which  have  engaged  the 
attention  of  her  Majesty's  ministers  since  thek  assumption  of  office, 
few  have  been  more  important,  in  their  estimation,  than  the  questions 
relating  to  the  protection  solicited  for  the  fisheries  on  the  coasts  of  Brit- 
ish North  America ;"  and  that  "her  Majesty's  ministers  are  desirous  to 
remove  all  grounds  of  com.plaint  on  the  part  of  the  colonies,  in  conse- 
quence of  the  encroachments  of  the  fishing  vessels  of  the  United  States 
upon  those  waters,  from  which  they  are  excluded  by  the  terms  of  the 
convention  of  1818;  and  they  therefore  intend  to  despatch,  as  soon  as 
possible,  a  small  naval  force  of  steamers,  or  other  small  vessels,  to  en- 
force the  observance  of  that  convention." 

The  controversy  was  now  rapidly  approaching  a  crisis.  As  was 
subsequently  said  by  a  distinguished  statesman, f  "this  whole  mat- 
ter is  to  be  explained  as  a  stroke  of  policy.  It  may  be  a  dangerous 
step  to  be  taken  by  the  British  government,  and  the  colonies  may  be 

*  Speech  of  Hou.  W.  H.  Seward  in  the  Senate  of  the  United  States,  August  14,  1852. 
t  Hon.  Jolm  Davis,  of  Massachusetts — speech  in  the  Senate  United  States,  August,  1852 


263 

playing  a  game  wliich  will  not  advance  materially  the  interests  they 
have  in  view." 

On  the  5th  of  July,  Mr.  Crampton,  the  successor  of  Sir  Henry  Bul- 
wer,  announced  to  the  President,  in  a.  note  addressed  to  the  Secretary 
of  State,  thiit  lie  had  "been  directed  by  her  Majesty's  government  to 
bring  to  the  knowledge  of  tlie  government  of  the  United  States  a  meas- 
ure which  has  been  adopted  by  her  Majesty's  government  to  prevent  a 
repetition  of  the  complaints  which  have  so  frequently  been  made  of 
the  encroachments  of  vessels  belonging  to  citizens  of  the  United  States 
and  of  France,  upon  the  fishing-grounds  reserved  to  Great  Britain  by 
the  convention  of  1818. 

<'  Urgent  representations  having  been  addressed  to  her  Majesty's  gov- 
ernment by  the  governors  of  the  Britisli  North  American  provinces,  in 
regard  to  these  encroachments,  whereby  the  colonial  fisheries  are  most 
seriously  prejudiced,  directions  have  been  given  by  the  lords  of  her 
Majesty's  admiralty  for  staticniing  off  New  Brunswick,  Nova  Scotia, 
Prince  Edward  Island,  and  in  the  Gulf  of  St.  Lawrence,  such  a  force 
of  small  sailing  vessels  and  steamers  as  shall  be  deemed  suificient  to 
prevent  the  infraction  of  the  treaty.  It  is  the  command  of  the  Queen, 
that  the  officers  employed  upon  this  service  should  be  especially  en- 
joined to  avoid  all  interference  with  the  vessels  of  friendly  powers,  cx- 
cei)t  where  they  are  in  the  act  of  violatvig  the  treutij,  and  on  all  occasions 
to  avoid  giving  ground  of  complaint  by  the  adoption  of  harsh  or  unne- 
cessary proceedings,  when  circumstances  compel  their  arrest  or  seizure." 

Mr.  Webster,  in  a  paper  dated  at  the  Department  of  State,  on  the 
following  day,  and  pubhshed  in  the  Boston  Courier  of  the  19tliof  July, 
after  citing  various  documents  which  refer  to  the  policy  of  the  admin- 
istration of  Lord  Jolin  Russell,  and  to  that  of  his  successor,  the  Earl  of 
Derby,  touching  the  colonial  fisheries,  quotes  from  another  document, 
that  "The  vessels-of-war  mentioned  in  the  above  circular  despatches 
are  expected  to  be  upon  the  coasts  of  British  North  America  during  the 
present  month,  (July)  when,  no  doubt,  seizures  will  begin  to  be  made 
of  American  fishing  vessels,  which  in  the  autumn  pursue  their  business 
in  indents  of  the  coast,  from  which  it  is  contended  they  arc  excluded 
by  the  convention  of  1818. 

"Meantime,  and  within  the  last  ten  days,  an  American  fishing  vessel 
called  the  'Coral,'  belonging  to  Machias,  in  Maine,  has  been  seized  in 
the  Bay  of  Fundy,  near  Grand  Menan,  by  tlie  ofiicer  commanding  her 
Majesty's  cutter  'Nethy,'  already  arrived  in  that  bay,  fi)r  an  alleged 
infraction  of  the  fishing  convention;  and  the  fishing  vessel  has  been 
carried  to  the  port  of  St.  John,  New  lirunswick,  where  proceedings 
have  been  taken  in  the  admii-alty  court,  with  a  view  to  her  condemna- 
tion and  rd)solute  forfeiture. 

"I'csides  the  small  naval  force  to  be  si'ul  out  by  the  imjxnial  gov- 
ernment, the  colonies  are  bestirring  themselves  also  l()r  the  protection 
of  their  fisheries.  Canada  has  fitted  out  an  armed  vessel,  to  be  sta- 
tioned in  the  gulf;  and  this  vessel  has  proceeded  to  the  lishing-grounds, 
having  on  board  not  only  a  naval  eonimnnder  and  crew,  with  ])ow(M-  to 
seize  vessels  within  limits,  but  also  a  slij)cndiary  magistrate  and  civil 
polie(%  to  make  prisoners  of  ;dl  who  are  H»und  transgressing  the  laws  of 
Canada,  in  order  to  their  Ijeing  cojnmiltctl  to  jail,  in  that  colony,  ior  trial. 


264 

"  The  colony  of  Newfoundland  has  fitted  out  an  armed  vessel  for  the 
purpose  of  resisting  the  encroachments  of  French  fishing  vessels  on  the 
coast  of  Labrador;  but  when  ready  to  sail  from  her  port,  the  governor 
of  that  colon}^  acting  under  imperial  instructions,  refused  to  give  the 
commander  of  this  colonial  vessel  the  necessary  authority  for  making 
prize  of  French  vessels  found  trespassing.  This  is  an  extraordinary 
circumstance,  especially  when  taken  in  connexion  with  the  fact  that  the 
like  authority  to  seize  American  fishing  vessels,  under  similar  circum- 
stances, has  never  been  refused  to  the  cruisers  of  any  of  the  North 
American  colonies. 

"The  colony  of  Nova  Scotia  has  now  four  ai-med  cruisers,  w^ell 
manned,  on  its  coasts,  ready  to  pounce  upon  any  American  vessels  who 
may,  accidentally  or  otherwise,  be  found  fisliing  within  the  limits  defined 
by  the  crown  officers  of  England. 

"  New  Brunswick  has  agreed  with  Canada  and  Nova  Scotia  to  place 
a  cutter  in  the  Bay  of  Fundy  to  look  after  American  fishermen  there; 
and  at  Prince  Edward  Island,  her  Majesty's  steam-frigate  'Devasta- 
tion' has  been  placed,  under  the  instructions  of  the  governor  of  that 
colony." 

Mr.  Webster  then  recites  the  first  article  of  the  conventio  of  1S18, 
and  concludes  in  the  following  terms  : 

"  It  would  appear  that  by  a  strict  and  rigid  construction  of  this 
article,  fishing  vessels  of  the  United  States  are  precluded  from  entering 
into  the  bays  or  harbors  of  the  British  provinces,  except  for  the  pur- 
poses of  shelter,  repairing  damages,  and  obtaining  wood  and  water. 
A  bay,  as  is  usually  understood,  is  an  arm  or  recess  of  the  sea,  en- 
tering from  the  ocean  between  capes  or  headlands ;  and  the  term  is 
applied  equally  to  small  and  large  tracts  of  water  thus  situated.  It  is 
common  to  speak  of  Hudson's  Bay,  or  the  Bay  of  Biscay,  although 
they  are  very  large  tracts  of  water. 

"  The  British  authorities  insist  that  England  has  a  right  to  draw  a 
line  from  headland  to  headland,  and  to  capture  all  American  fishermen 
who  may  follow^  their  pursuits  inside  of  that  line.  It  was  undoubt- 
edly an  oversight  in  the  convention  of  1818  to  make  so  large  a  con- 
cession to  England,  since  the  United  States  had  usually  considered 
that  those  vast  inlets  or  recesses  of  the  ocean  ought  to  be  open  to 
American  fishermen,  as  freely  as  the  sea  itself,  to  within  three  marine 
miles  of  the  shore. 

"In  1841,  the  legislature  of  Nova  Scotia  prepared  a  case  for  the 
consideration  of  the  advocate  general  and  attorney  general  of  Eng- 
land, upon  the  true  construction  of  this  article  of  the  convention. 
The  opinion  delivered  by  these  officers  of  the  crown  was,  '  That 
by  the  terms  of  the  convention,  American  citizens  were  excluded  from 
any  right  of  fishing  within  three  miles  from  the  coast  of  British  America, 
and  that  the  jirescrihed  distance  of  three  miles  is  to  he  measured  from  the 
headlands  or  extreme  jioints  of  land  next  the  sea,  of  the  coast  or  of  the  en- 
trance of  bays  or  indents  of  the  coast,  and  consequently  that  no  right 
exists  on  the  part  of  American  citizens  to  enter  the  bays  of  Nova  Scotia, 
there  to  take  fish,  although  the  fishing,  being  within  the  hay,  may  be  at  q 
greater  distance  than  three  miles  from  the  shore  of  the  bay  ;  as  we  are  of 
opinion  tluit  tlie  term  '  headland '  is  used  in  the  treaty  to  express  the  part  of 


265 

the  hin(J  v'c  have  he/ore  mentioned,  including  the  interior  of  the  bays  and 
the  indents  of  the  coast. ' 

"It  is  this  construction  of  the  intent  and  menning  of  the  convention 
of  181S  for  which  the  colonies  have  contended  since  1S41,  and  which 
they  have  desired  should  be  enforced.  This  the  EngUsh  government 
has  now,  it  wouhl  appear,  consented  to  do,  and  the  immediate  effect 
will  be  the  loss  of  the  vakuiblc  fill  fishing  to  American  fishermen;  a 
complete  interruption  of  the  ext(nisive  fishing  business  of  New  Eng- 
land, attended  b}^  constant  collisions  of  the  most  unpleasant  and  exci- 
ting character,  which  may  end  in  the  destruction  of  human  life,  in 
the  involvement  of  the  govf^rnment  in  questions  of  a  very  serious 
nature,  threatening  the  peace  of  the  two  countries.  Not  agreeing  that 
the  construction  thus  put  upon  the  treaty  is  conformable  to  the  inten- 
tions of  the  contracting  parties,  this  information  is,  however,  made 
public  to  the  end  that  those  concerned  in  the  American  fisheries  may 
perceive  how  the  case  at  present  stands,  and  be  upon  their  guard. 
The  whole  subject  will  engage  the  immediate  attention  of  the  gov- 
ernment. 

"DANIEL  WEBSTER, 

"  Secretarij  of  Stated 

This  pnper  attracted  immediate  and  universal  attention.  On  the 
23d  of  July  Mr.  Mason,  chairman  of  the  Committee  on  Foreign  Rela- 
tions, offered  a  resolution  in  the  Senate  of  the  United  States,  requesting 
the  President  to  communicate  to  that  body,  "  if  not  incompatible  with 
the  public  interest,  all  correspondence  on  file  in  the  executive  depart- 
ment, with  the  government  of  England  or  the  diplomatic  representa- 
tive, since  the  convention  between  the  United  Stales  and  Great  Britain 
of  October  20,  1818,  touching  the  fisheries  on  the  coast  of  British 
possessions  in  North  America,  and  the  rights  of  citizens  of  the  United 
States  engaged  in  such  fisheries  secured  by  the  said  convention; 
and  that  the  President  be  also  requested  to  inform  the  Senate  whether 
any  of  the  naval  forces  of  the  United  States  have  been  ordered  to  the 
seas  adjacent  to  the  British  possessions  of  North  America,  to  protect 
the  rights  of  American  fishermen,  under  the  convention,  since  the 
receipt  of  the  intelligence  that  a  large  and  unusual  British  naval  force 
has  been  ordered  there  to  enforce  certain  alleged  rights  of  Great 
Britain  under  said  convention. " 

This  resolution  w^as  agreed  to  unanimously.  The  debate  which 
preceded  its  passage  was  highly  animated.  Mr.  Mason  is  reported  to 
have  said,  that  "  he  had  ihoiighl  it  his  duly,  considering  the  present  asp(>ct 
of  affairs,  so  fir  as  they  are  coniiiniiili  aiid  to  us  by  the  ])ul)lic  journals, 
to  submit  this  resolution,  and  ask  that  it  be  considered  immediately. 
We  are  informed,  (he  said,)  unofficially,  but  yet  in  a  manner  clearly  indi- 
cating that  it  is  correct,  that  the  British  government  has  recently  asserted 
rights  under  the  convention  of  1818  in  relation  to  the  fisheries  of  the 
North,  which,  whether  they  exist  or  n(»t,  they  suffered  fioni  1818  to 
1841 ;  and  when  the  (|uestion  was  moved  as  to  the  respective  rights  of 
British  sui)ject3  and  American  citizens  mnl)  r  ihe  treaty  of  1818,  they  still 
suffered  to  remain  in  statu  <iiia.  'V\\r.  IJrilisli  ^overunieiil  knew  well  that 
very  large  and  important  interests  are  embarked  by  citizens  of  the  United 


266 

States  by  these  fisheries.  They  knew  that  the  harbors,  coasts,  and 
seas  of  their  possessions  in  North  America  swarm,  at  stated  seasons  of 
the  year — and  this,  as  he  was  informed,  was  one  of  these  reasons — with 
these  fishing  vessels.  Yet  suddenly,  without  notice  of  any  kind,  we 
are  informed  from  the  public  journals,  and  semi-officially  by  a  sort  of 
proclamation  from  the  Secretary  of  State,  that  a  very  large  British 
naval  force  has  been  ordered  into  these  seas  for  the  purpose  of  enforcing, 
at  tlie  mouth  of  the  cannon,  the  construction  which  Great  Britain  has 
determined  to  place  on  that  convention." 

Mr.  Mason  said:  "I  had  supposed,  in  this  civilized  age  and  between 
two  such  countries  as  Great  Britain  and  the  United  States,  that  were 
it  the  purpose  of  England  to  revive  her  construction  of  the  convention 
and  require  that  it  should  be  enforced,  ordinary  national  courtesy 
would  have  required  that  notice  should  have  been  given  of  that  deter- 
mination on  the  part  of  Great  Britain.  But,  sir,  when  no  such  notice 
is  given — when,  on  the  contrary,  the  first  information  which  reaches  us 
is  that  Great  Britain  has  ordered  into  these  seas  a  large  naval  force  for 
the  purpose  of  enforcing  this  alleged  right,  I  know  not  in  what  light  it 
may  strike  senators;  lor  it  strikes  me  as  a  far  higher  offence  than  a 
breach  of  national  courtesy — as  one  of  insult  and  indignity  to  the  whole 
American  people.  This  morning,  in  the  first  paper  I  took  up,  from 
the  North,  I  see  extracted  from  one  of  the  British  colonial  newspapers, 
printed  at  St.  John,  New  Brunswick,  a  formal  statement  of  the  actual 
naval  forces  ordered  by  Great  Britain  into  those  seas.  It  consists  of 
the  Cumberland,  a  seventy-gun  ship,  commanded  by  Sir  G.  F.  Sey- 
mour, who,  I  believe,  is  a  British  admiral,  commanding  on  the  West 
Indian  station;  and  then  follows  an  enumeration  of  steam- vessels, 
sloops-of-war,  and  schooners,  and  the  entire  number,  nineteen,  ordered 
to  rendezvous  there,  and  with  the  utmost  despatch.  For  what  pur- 
pose? 

"  To  enforce  at  once,  and  without  notice  to  this  government,  so  far  as 
I  am  informed ;  and  yet  we  have  some  information  through  the  quasi 
proclamation  of  the  Secretary  of  State,  at  the  mouth  of  the  cannon,  of 
the  construction  which  the  British  government  places  on  that  convention. 
I  do  not  know  what  view  has  been  taken  by  the  President  of  this  extra- 
ordinary movement ;  but  I  think  I  do  know  what  the  American  people 
would  demand  of  the  Executive,  under  such  circumstances.  If  there 
be  official  or  satifactory  information  to  the  Executive  that  this  extraor- 
dinary naval  armament  has  been  ordered  by  Great  Britain  into  the 
North  American  seas,  for  the  purpose  of  executing  instantly  the  con- 
struction which  Great  Britain  places  on  the  convention,  I  say  the 
American  people  will  demand  of  their  Executive  that  all  the  force  of 
the  home  squadron  shall  be  ordered  there  instantly,  to  protect  American 
fishermen.  Sir,  we  have  been  told  by  the  poet  who  most  deeply  read 
the  human  heart,  that 

'  From  the  nettle  danger 
We  pluck  the  flower  safely.' 

And  if  I  may  be  told  there  is  danger  of  collision,  I  would  answer  at  once, 
there  is  no  danger;  but  if  there  were,  it  becomes  the  Executive  imme- 
diately to  resent  that  which  can  only  be  looked  on  as  an  indignity  and 


267 

insult  to  the  nntlon.  I  have  no  fears,  Mr.  President,  that  war  is  to 
follow  the  apparent  eollision  which  has  t;iken  place  between  the  two 
governments.  I  confess  I  feel  deeply  the  indignity  that  has  been  put 
upon  the  American  people  in  the  ordering  of  the  British  squadron  into 
those  seas  without  notice  ;  and  if  I  read  the  feelings  of  our  pef)ple  aright, 
they  will  demand  that  a  lik(>  force  sludl  be  instantly  sent  there  in  order 
that  the  rights  of  our  people  may  be  protected. 

"Sir,  I  do  not  profess  the  power  to  construe  the  purposes  on  the  part 
of  the  British  government.  I  was  very  much  impressed  by  a  despatch 
which  I  saw  in  one  of  the  late  papers,  but  which  untbrtunately  1  have 
not  at  liand.  Within  the  last  few  days  a  despatch  has  been  received 
from  the  foreign  office  of  Great  Britain  to  the  colonial  office,  advising 
it  of  this  movement,  and  advising  that  it  was  one  requiring  celerity  and 
despatch,  and  recjuiring  that  measures  should  be  taken  by  the  colonial 
office  to  procure  concert  between  the  British  naval  forces  and  the 
colonial  authorities.  The  reason  assigned  was,  that  this  measure  was 
taken  on  the  part  of  Great  Britain  as  preliminary  to  certain  negotia- 
tions. Now,  what  does  this  mean?  I  know  not  what  these  negotia- 
tions are ;  but  if  it  means  anything,  it  means  that  we  are  to  negotiate 
under  duresse. 

"Aye,  sir,  at  this  day  this  great  people,  covering  a  continent  number- 
ing thirty  millions,  are  to  negotiate  with  a  foreign  fleet  on  our  coast.  I 
know  not  what  the  President  has  done,  but  I  cLum  to  know  what  the 
American  people  expect  of  him.  I  know  that  if  he  has  done  his  duty, 
the  reply  to  this  resolution  of  inquiry  will  be — I  have  ordered  the 
whole  naval  force  of  the  countiy  into  those  seas,  to  protect  the  rights 
of  American  fishermen  against  British  cruisers!  I  hope  it  will  be  the 
pleasure  of  the  Senate  to  consider  the  resolution  immediately." 

Several  senators  followed  Mr.  Mason,  and  spoke  in  similar  terms. 

"Mr.  Hamlin  agieed  to  every  word  uttered  by  the  chairman  of  the 
Committee  on  Foreign  Relations,  and  he  was  grateful  to  the  senator  for 
having  introduced  the  resolution.  What  the  object  of  the  British  arma- 
ment sent  to  the  fishing  shores  was,  he  could  not  say ;  but  that  it  had 
some  ulterior  ol)ject,  was  certain.  It  had  been  whispered  that  it  was 
C' rmected  with  certain  negotiations  with  respect  to  a  reciprocity  trade 
with  the  colonies.  If  this  were  so,  it  was  nothing  more  nor  less  than 
to  compel  the  United  States  to  legislate  under  duresse,  and  to  this  he, 
for  one,  was  unwiffing  to  submit. 

"^Ir.  Cass  gave  his  full  concurrence  to  all  that  had  fallen  from  Mr. 
Mason,  and  he  heartily  a})provcd  of  the  resolution.  He  was  gratified 
at  hearing  that  senatm's  remarks,  which  were  ecjually  statesmanlike 
and  patriotic.  He  had  never  before  heard  of  &uch'  proceeding  as  that 
now  adopted  by  England.  No  matter  what  the  object  of  the  force  was, 
there  was  one  thing  certain — the  American  people  would  not  submit  to 
surrender  their  rights.  This  treaty  was  now  over  thirty  years  old,  and 
it  recognised  clearly  the  right  of  Americans  to  fish  within  three  miles  of 
any  sh(^re.  Tiiis  had  been  conceded  llir  thirty  years.  If  there  Wiiij 
any  doul)t  about  it,  it  could  be  settled  by  negotiations. 

"Mr.  Pratt  said  this  appeared  to  him  more  hkely  to  result  in  war  than 
did  tlie  late  difficulty.  The  En^hsh  governmcnl  has  decichtl  ujxm  a 
ticaty  construction.     Engkuid  don't  want  to  neg(Jliate,  for  she  has  sent 


268 

a  large  force  to  execute  her  construction  of  the  treaty.  Americans  are 
to  be  expelled  from  rights  which  they  have  enjoyed  for  thirty  years, 
under  what  their  government  has  at  all  times  and  now  declares  to  be 
the  proper  construction  of  the  treaty.  Ought  not  a  force  to  be  sent 
there  to  protect  them  in  those  rights  which  this  treaty  has  declared  to 
be  theirs?     Certainly  there  ought. 

"Mr.  Davis  said,  by  the  newspapers  it  would  appear  that  the  Secre- 
tary of  State  and  the  British  minister,  who  had  gone  to  Boston,  were 
now  consulting  on  this  matter,  and  he  thought,  from  this  fact,  that  there 
was  little  apprehension  but  that  the  matter  would  be  settled  amicably. 
He  had  no  difficulty  at  arriving  at  the  object  of  the  movement.  The 
senator  from  Maine,  he  thought,  had  touched  the  key  to  the  whole. 
He  would  not  hesitate  to  act  on  a  bill  proposing  a  proper  and  suitable 
principle  of  reciprocity. 

"  Mr.  Seward  would  vote  with  pleasure  for  the  resolution.  It  was 
limited  to  two  objections :  to  obtain  information  as  to  diplomatic  cor- 
respondence on  the  subject,  and  whether  any  naval  force  had  been  sent 
to  the  seas  where  the  difficulty  had  arisen.  The  importance  of  these 
fisheries  was  conceded  by  all,  and  no  one  State  was  more  interested  in 
them  than  another.  It  was  well  known  that  any  attempt  to  drive  our 
fishermen  from  these  fisheries  would  involve  the  whole  country  in  a 
blaze  of  war,  in  which  case  his  State  would  be  deeply  interested. 

"Mr.  Rusk  snid  that  if  the  object  of  that  naval  force  by  Great  Britain 
was  to  bring  about  a  reciprocity  of  trade,  no  matter  how  favorably  he 
ought  to  look  on  such  a  proposition  otherwise,  he  W(mld  never  give  it  his 
assent  under  the  duresse  of  British  cannon.  He  thought  the  domineer- 
ing spirit  of  England  ought  to  be  met  promptly." 

On  the  25th  of  July,  and  two  days  after  the  resolution  passed  the 
Senate,  the  Secretary  of  State  was  publicly  received  at  his  family  home, 
Marshfield,  Massachusetts.  In  the  course  of  his  reply  to  an  address 
by  the  Hon.  Seth  Sprague,  he  is  reported  to  have  spoken  in  reference 
"to  recent  occurrences,  threatening  disturbances  to  this  country,  on 
account  of  the  fisheries,"  in  these  words: 

"It  would  not  become  me  to  say  much  on  that  subject,  until  I  speak 
officially,  and  under  direction  of  the  head  of  the  government.  And 
then  I  shall  speak.  In  the  mean  time,  be  assured  that  that  interest 
will  not  be  neglected  by  tJds  administration,  under  any  circumstances. 
The  fishermen  shall  be  protected  in  all  their  rights  of  property,  and  in 
all  their  rights  of  occupation.  To  use  a  Marblehead  phrase,  they  shall 
be  protected  'hook  and  line,  and  bob  and  sinker.'  And  why  should 
they  not?  They  are  a  vast  number  who  are  employed  in  that  branch 
of  naval  enterprise.  Many  of  the  people  of  our  own  town  are  engaged 
in  that  vocation.  There  are  among  you  some,  who,  perhaps,  have  been 
on  the  Grand  Bank  for  forty  successive  years.  There  they  have  hung 
on  to  the  ropes,  in  storm  and  wreck.  The  most  important  consequen- 
ces are  involved  in  this  matter.  Our  fisheries  have  been  the  very  nur- 
series of  our  navy.  If  our  flag-ships  have  met  and  conquered  the  ene- 
my on  the  sea,  the  fisheries  are  at  the  bottom  of  it.  The  fisheries  were 
the  seeds  from  which  these  glorious  triumphs  were  born  and  sprung. 

"Now,  gentlemen,  I  may  venture  to  say  one  or  two  things  more  on 
this  highly  important  subject.     In  the  first  place,  this  sudden  interrup- 


269 

tion  of  tlie  pursuits  of  our  citizens,  which  had  been  carried  on  more 
than  thirty  3'ears,  without  interruption  or  molestation,  can  hardly  be 
justified  by  any  princij)]e  or  consideration  whatever.  It  is  now  more 
than  thirty  years  that  they  have  pui'sued  the  fishf^ies  in  the  same  waters 
and  on  the  same  ct)ast,  in  which,  and  alout^  whicli,  notice  has  now  come 
that  they  shall  be  no  longer  allowed  these  privileges.  Now,  such  a 
tiling  cannot  be  justified  without  previous  notice  having  been  given.  A 
mere  indulgence  of  long  continuance,  even  if  the  privilege  were  hut  an 
indulgence,  cannot  be  withdrawn  at  this  season  of  the  year,  when  our 
people,  according  to  tlie  custom,  have  engaged  in  the;  business,  without 
notice — without  just  and  seas(Miable  notice. 

"I  cannot  but  think  the  late  despatches  from  the  colonial  office  had 
not  attracted,  to  a  sufficient  degree,  the  attention  of  the  principal  min- 
ister of  the  crown;  for  I  see  matter  in  them  quite  inconsistent  with  the 
arrangement  made  in  1845  by  the  Earl  of  Aberdeen  and  Edward  Ever- 
ett. At  that  tinje,  the  Earl  of  Derby,  the  present  first  minister,  was 
colonial  secretary.  It  could  not  well  have  taken  place  without  his 
knowledge,  and,  in  fact,  without  his  concurrence  and  sanction.  I  can- 
not but  think,  therefore,  that  its  being  overlooked  is  an  inadvertence. 

"The  treaty  of  1818  was  made  with  the  crown  of  England.  If  a 
fishing  vessel  is  captured  by  one  of  her  V(;ssels  of  war,  and  carried  to  a 
British  port  for  adjudication,  the  crown  of  England  is  answerable  ;  and 
then  we  know  whom  we  have  to  deal  with.  But  it  is  not  to  be  expect- 
ed that  the  United  States  will  submit  their  rights  to  be  adjudicated  upon 
in  the  petty  tribunals  o^  the  i)rovinccs ;  or  that  we  shall  allow  our  vessels 
to  be  seized  on  by  constables,  or  other  petty  officers,  and  condemned  by 
the  municipal  courts  of  Quebec  and  Newf()undland,  New  Brunswick  or 
Canada.     No,  no,  no!     (Great  cheering.) 

"  Eurther  than  tliis,  gentlemen,  I  do  not  think  it  expedient  to  remark 
upon  this  topic  at  present.  But  you  may  be  assured,  it  is  a  subject 
upon  which  no  one  sleeps  at  Washington.  I  regret  that  the  state  of 
my  health  caused  my  absence  from  Washington  when  the  news  came 
of  this  sudden  change  in  tin;  interpretation  of  the  treaties." 

The  Presid(;nt  answered  the  resolution  of  the  Senate  on  the  5th  of 
August,  and,  in  transmitting  the  documents*  requested  by  that  body,  he 
observed  that  the  steam-frigate  Mississippi,  Commodore  M.  C.  Perry, 
had  been  despatched  to  the  coasts  of  the  British  possessions  "for  the 
purpose  of  protecting  the  rights  of  American  fisliermen  under  the  con- 
vention of  1818."  'J'hese  documents  wvrc  s[)ee(niy  pubhsh(>d.  Many 
of  them  are  of  great  value.  Soon  aller  their  publication,  debates  upon 
the  subject  of  tlie  fisheries  were  renewed.  Our  limits  allow  us  to  notice 
the  speech  of  Mr.  Seward  alone,  delivered  on  the  14th  of  August. 

He  is  supposed  to  have  expressed  the  views  of  th(>  government,  or  to 
lia.v(^  made  authorized  i'Xphuiations,  upon  s(;veral  im])()rlant  [)oiiils  which 
he  (hseussed.  To  correct  whatever  misapprehension  existed  relative  to 
the  British  navrd  force  on  the  fishing  grounds,  he  said: 

"Let  us  now  see  what  force  it  is  that  has  l)een  sent  into  th(^  flidd  of 
the  dispute.  There  is  the  Buzzard,  a  sie.nner  of  six  guns,  and  the  Ber- 
muda,, a  schooner  of  three  guns,  sent  to  the  straits  of"  BcUeisle  and  on 


•  Exocutivo  I)(>cuiiH;nt  No.  100. 


270 

the  coast  of  Newfoundland,  where  we  have  an  unquestioned  right  of  fish- 
hig,  and  where  there  is  no  controvers3^  Then  there  is  the  Devastation, 
a  steamer  of  six  guns;  the  Arrow  and  the  Telegraph,  of  one  gun  each; 
and  the  Netley,  of  two  guns,  in  the  Gulf  of  St.  Lawrence  :  maldng  in 
the  whole  seven  vessels,  with  a  total  of  31  guns,  sent  by  the  imperial 
government  into  these  waters.  If  you  add  to  this  force  the  flag-ship  of 
Vice  Admiral  Seymour,  (the  Cumberland,)  with  seventy  guns,  there 
are,  altogether,  one  hundred  and  one  guns.  This  is  the  naval  force 
which  has  been  sent  into  the  northeastern  seas. 

"Now,  I  desire  the  Senate  to  take  notice  what  force  was  there  before 
this  great  naval  fon^e  was  sent.  Last  year  there  was  the  flag-ship,  the 
Cumberland,  commanded  by  the  same  Sir  Charles  Seymour,  with  sev- 
enty guns ;  a  frigate  of  twenty-six  guns ;  two  sloops  of  sixteen  guns ; 
and  one  steamer  of  six  guns :  making  in  the  whole  sixt^^-four  guns, 
without  the  Cumberland;  and,  including  the  Cumberland,  one  hundred 
and  thirt3^-four  guns. 

"  Then  this  mighty  naval  demonstration  which  has  so  excited  the 
Senate  and  roused  its  indignation,  and  brought  down  its  censure  upon 
the  administration,  consists  in  a  reduction  of  the  naval  force  which  Great 
Britain  had  in  these  waters  a  year  ago  from  one  hundred  and  thirty- 
four  to  one  hundred  and  one  guns.  What  the  British  government  has 
done  has  been  to  withdraw  some  large  steamers,  because  they  were  not 
so  useful  in  accomplishing  the  objects  designed,  or  because  they  Avould 
be  more  useful  elsewhere,  and  to  substitute  in  their  place  a  large  num- 
ber of  inferior  vessels — either  more  efficient  there,  or  less  useful  else- 
where." 

He  added :  "  The  Senate  will  understand  me.  I  do  not  say  that 
this  is  the  whole  force  which  is  in  those  waters.  There  is  an  increase, 
I  think,  on  the  whole,  which  is  furnished  by  small  vessels  of  the  dif- 
ferent provinces — Canada  having  sent  two  or  three.  Nova  Scotia  three 
or  four,  and  Prince  Edward  Island,  I  think,  one.  But  the  question  I 
am  upon,  and  the  real  question  now  is,  what  the  imperial  government 
has  done ;  and  so  I  say  the  British  government  has  reduced  the  number 
of  guns  employed."* 


*  The  Halifax  Chronicle,  in  July,  published  the  following : 

"  For  the  information  of  all  concerned,  we  subjoin  a  list  of  the  cruisers  our  calculating 
neighbors  are  likely  to  fall  in  with  on  the  coast — all  of  which  will,  we  apprehend,  do  their 
duty,  without  fear  or  faror: 

Ciunberland  * 74 Captain  Seymour. 

Sappho 12 sloop Com.  Cochrane. 

Devastation  t 6 steam  sloop Com.  Campbell. 

Buzzard 6 steam  sloop Com . 

Janus  X 4 steam  sloop Lieutenent . 

Netley 3 ketch Com.  KvTiaston. 

Bermuda 3 schooner Lieutenent  Jolly. 

Arrow brigantine 

Telegraph schooner . 


Halifax 2 brigantine Master  Laybold. 

Belle 2 brigantine Master  Crowell. 

Responsible 2 schooner Ma.ster  Dodd. 

Darmg 2 schooner Master  Daly. 

"In  addition  to  this  formidable  force,  his  Excellency  Sir  G.  F.  Sejinour  requires,  we  learn, 
two  more  vessels,  besides  the  Arrow  and  Telegraph,  (two  beautiful  craft,  of  whose  merits  we 

*  Flag,  Sir  G.  F.  Seymour,  f  300  horse  power.  \  220  horse  power. 


271 

In  reply  to  strictures  upon  the  course  of  the  Secretary  of  State, 
Mr.  Seward  remarked  :  "  The  President,  it  seems,  took  pains  to  ob- 
tain information  informally,  and  he  caused  it  to  be  published,  in  a 
notice  issued  by  the  Secretary  of  State,  and  dalcd  at  the  Department 
of  State  July  6,  1852,  and  which  has  been  call(;d  here  the  '  procla- 
mation'  of  tlie  Secretary. 

"  The  Senate  will  see  that  the  Secretary  of  State  set  forth  such  un- 
official information  (and  all  the  information  was  unofficial)  as  had 
been  obtained,  and  stated  the  popular  inference  then  prevalent,  saying 
that  the  imperial  government  'appeared  '  now  to  be  willing  to  adopt 
the  construction  of  the  convention  insisted  on  by  the  colonies.  Infer- 
ring, from  circumstances,  the  hazards  and  dangers  which  would  arise, 
he  set  forth  the  case  precisely  as  it  seemed  to  stand.  He  adverted  to 
the  question  understood  as  likely  to  be  put  in  issue,  and,  admitting  that 
technicall}^  the  convention  of  ISIS  would  bear  the  rigorous  construc- 
tion insisted  on  by  the  colonies,  lie  declared  the  d/ssc7it  of  the  govern- 
ment of  the  United  States  fi-om  it ;  and  then  communicated  the  case 
to  the  persons  engaged  in  tliis  hard  and  hazardous  trade,  that  they 
might  be  'on  their  ffuard.' 

"  I  am  surprised  that  an}'^  doubts  should  be  raised  as  to  the  procla- 
mation beins;  the  act  of  the  government.  I  do  not  .understand  how  a 
senator  or  a  citizen  can  officially  know  that  the  Secretary  of  State  is 
at  Marshfield,  or  elsewhere,  when  the  seal  and  date  of  the  depart- 
ment affirm  that  he  is  at  the  capital.  I  would  like  to  know  where  or 
wlien  this  government  or  this  administration  has  disavowed  this  pro- 
clamation. 

"In  issuing  this  notice,  the  Secretary  of  State  did  just  what  the  Sec- 
retary of  State  had  been  in  the  habit  of  doing  in  such  cases  from  the 
foundation  of  the  government,  viz :  he  issued  a  notice  to  the  citizens 
of  the  United  States  to  put  them  on  their  guard  in  a  case  of  apparent 
danger,  resulting  from  threatening  embarrassment  of  our  relations 
with  a  foreign  power.  Tlie  first  notice  of  the  kind  which  I  have  found 
in  history  is  a  notice  issued  by  Tliomas  Jefferson,  Secretaiy  of  State 
under  George  Washington,  to  the  merchants  of  the  United  States,  in- 
forming them  of  the  British  Orders  in  Council,  and  of  the  decrees  of 
the  French  Directory,  and  of  the  apprehended  seizure  and  confisca- 
tion of  American  vessds  under  them;  and  assuring  the  American 
merchants  that,  for  whatever  they  might  unlawfully  lose,  the  govern- 
ment of  the  United  States  would  take  care  that  they  would  be  indem- 
nified. I  brought  that  to  the  notice  of  the  Senate  heretf)fore,  and  upon 
the  ground,  among  others,  that  they  have  twice  sanctioned  a  bill  pro- 
viding for  the  payment  of  losses  by  French  spoliations. 

have  previouKly  Rpokf-n,)  to  be  rittcd,  provisioned,  officered,  and  nmiined  by  the  Rrifisb  i;ov- 
ernineiit,.  The  liuzzard,  hourly  r.xpeeled  from  I'orfsinouih,  l>riiiKH  out  men  to  man  these 
hired  vcHKelH.  To  these  muKt  l»e  luUli'd  two  from  New  Hrunswieit,  unr.  from  Canada,  and  tmc 
from  Pince  Edward  Island,  making  a  U)Ui\  of  niiirtn  n  armed  vessels,  from  the  '(all  Admi- 
ral'to  the  tiny  tender,  eiiL'atjed  in  this  importani  service.  His  Excellency  tlii'  Mce  Ad- 
miral deserves  the  thniiks  (if  the  ])ei)ple  of  Hriiisii  North  America  for  the  zeal  with  which  ho 
has  taken  n]>  this  momentous  matter,  anil  also  fur  the  promptitude  of  his  co-oiieraiion  with  I  ho 
provincial  K<'^'e'''mient.  Janus  comes  to  Newloundland  direct  from  (Jihraltar,  she  is  an  ox- 
poriint'Utul  steamer,  constructed  l)y  Sir  Charles  Napier,  and  by  some  saiil  to  be  a  spiouilid 
failure.     Cumberland  sails  immudiaiely  for  St.  .)"lin  and  tho  NewfouniUand  coast." 


272 

"  The  notice  published  by  Mr.  Webster  was  of  the  same  character 
and  effect.  Since  that  time,  the  Mississippi,  a  steam  war  frigate  of 
the  United  States,  has  been  ordered  to  those  waters  to  cruise  there 
for  the  protection  of  American  fishermen  in  the  enjoyment  of  their  just 
rights.  Thus  ends  the  whole  story  of  these  transactions  about  the  fish- 
eries. The  difficulties  on  the  fishing  grounds  have  'this  extent — no 
more :'  they  are  the  wonder  of  a  day,  and  no  more." 

Again:  in  explanation  of  the  charge  of  a  senator,  that, Mr.  Webster 
bad  conceded  too  much  in  his  official  notice  of  July  6,  he  said:  "Now, 
here  is  Mr.  Webster's  language.     After  quoting  the  treaty,  he  says : 

" '  It  would  appear  that,  by  a  strict  and  rigid  construction  of  this  article^ 
fishing  vessels  of  the  United  States  are  precluded  fi-om  entering  into 
the  bays,'  &c. 

"And  in  the  same  connexion  he  adds: 

'"It  was  undoubtedly  an  oversight  in  the  convcjitimi  of  1818  to  nuiJce  so 
large  a  concession  to  England. ' 

"That  is  to  say,  it  was  an  oversight  to  use  language  in  that  conven- 
tion which,  by  a  strict  and  rigid  construction,  might  be  made  to  yield 
the  freedom  of  the  great  bays. 

"It  is,  then,  a  question  of  mere  verbal  criticism.  The  Secretary  does 
not  admit  that  the  rigorous  construction  is  the  just  and  true  one;  and 
so  he  does  not  ad  Qiit  that  there  is  any  '  concession '  in  the  sense  of 
the  term  which  the  honorable  senator  adopts.  Now,  other  honorable 
senators,  if  I  recollect  aright — and  particularly  that  very  accurate 
and  exceedingly  strong-minded  senator,  the  gentleman  from  Massa- 
chusetts, (Mr.  Davis) — conceded  that  the  treaty  would  hear  this  rigorous 
construction  ;  insisting,  nevertheless,  just  as  the  Secretary  of  State  did, 
that  it  was  a  forced  and  unjust  one." 

To  refute  the  many  rumors  relative  to  an  adjustment  of  the  difficul- 
ties, as  well  as  to  repel  the  imputation  of  treating  under  duress,  he 
declared  that  "  no  negotiation  has  been  had  between  the  President  of 
the  United  States  and  the  English  government.  No  negotiation  is  now 
in  progress  between  the  two  governments.  No  negotiation  has  been  in- 
stituted between  the  two  governments  for  any  purpose  whatever.  No 
overture  of  negotiation  has  been  made  by  the  British  government  since 
the  last  year,  and  no  overture  has  been  made  by  the  American  to  the 
British  government.  So,  then,  it  appears  that  nothing  has  been  nego- 
tiated away  at  the  cannon's  mouth,  because  there  has  been  no  negotia- 
tion at  all,  either  at  the  cannon's  mouth  or  elsewhere.  There  has  not 
been  any  negotiation  under  duress,  because  there  has  been  no  pretence 
of  a  design  by  the  imperial  government  to  enforce  its  rigorous  con- 
struction of  the  convention  of  1818,  or  to  depart  from  the  position  of 
neutrality,  if  I  may  so  call  it,  always  heretofore  maintained." 

On  the  subject  of  reciprocity,  he  considered  that  "the  indigiitions  are 
abundant  that  it  is  the  wish  of  the  Senate  that  the  Executive  should 
not  treat  upon  this  subject,  and  I  think  wisely.  I  agree  on  that  point 
with  my  honorable  and  distinguished  friend  fi-om  Massachusetts,  (Mr. 
Davis.)  What  the  colonies  require  is  some  modification  of  commercial 
regulations  which  may  affect  the  revenue.  That  is  a  subject  proper  to 
be  acted  upon  by  Congress,  not  by  the  President,  if  it  is  to  be  acted 
upon  at  all.     It  must  not  be  done  by  treaty.     We  seem  to  have  courted 


273 

the  responsibility,  nnd  it  rests  upon  us.  Let  us  no  longer  excite  our- 
selves and  agitate  the  country  with  Unavailing  debates  ;  but  let  us  ad- 
dress ourselves  to  the  relief  of  the  fishermen,  and  to  the  improvement 
of  our  commerce. 

"  Now,  sir,  there  is  only  one  wa};-  that  Congress  can  act,  and  that  is 
by  reciprocal  legislation  with  the  British  Parliament  or  the  British  colo- 
nies of  some  sort.  I  commit  myself"  to  no  particular  scheme  or  project 
of  reciprocal  legislation,  mid  certainly  to  nunc  injurious  to  an  agricul- 
tural or  a  manufacturing  interest." 

As  to  the  course  to  be  pursued,  he  said,  in  concluding  his  speech, 
"I,  for  one,  will  give  my  poor  opinion  upon  this  subject,  and  it  is  this  : 
that  so  long  hereafter  as  any  force  shall  be  maintained  in  those  north- 
eastern waters,  an  equal  naval  f)rce  must  be  maintained  there  by  our- 
selves. When  Great  Britain  shall  diminish  or  withdraw  her  armed 
force,  we  ought  to  diminish  or  withdraw  our  own;  and  in  the  mean 
time  a  commission  ought  to  be  raised,  or  some  appropriate  com- 
mittee of  this  bod}^ — the  Committee  on  Foreign  Relations,  the  Com- 
mittee on  Fmance,  or  the  Committee  on  Commerce — should  be  charged 
to  ascertain  whether  there  cannot  be  some  measures  adopted  by  recip- 
rocal legislation  to  adjust  these  difficulties  and  enlarge  the  rights  of  our 
fishermen,  consistently  with  all  the  existing  interests  of  the  United 
Stales." 

It  is  understood  that  the  Committee  on  Commerce,  at  the  moment  of 
the  misunderstanding  in  July,  had  nearly  matured  a  bill  which  em- 
braced, substantially,  the  propositions  submitted  b}^  Sir  Henry  Bulwer, 
in  June,  1S51.  To  assume  that  such  is  the  fact,  and  that  the  bill 
would  have  passed  Congress,  but  for  the  precipitancy  of  the  parties  to 
the  Toronto  agreement,  recalls  the  significant  remark  of  Mr.  Davis, 
once  aJread}'^  quoted,  that  the  colonists  were  "  playing  a  game  which 
mav  not  advance  materially  the  interests  they  have  in  view." 

Our  record,  thus  far,  contains  a  rapid  notice  of  events  connected  with 
the  controversy  to  the  close  of  August,  lS-52.  It  comprises,  as  will 
be  perceived,  no  account  of  any  action  on  the  part  of  the  two  govern- 
ments to  adjust  the  difficulties  between  them,  either  by  negotiation  or 
b\'  legislation. 

But  there  is  good  authority  for  saying  that  the  British  admiral  (Sey- 
mour) was  instructed  by  the  admiralty,  in  the  course  of  August,  to  id- 
low  our  fishermen  to  pursue  their  avocation  in  the  Bay  of  Fundy,  on 
the  terms  of  the  arrangement  of  184-5;  to  allow  us  to  fish  at  the  xMag- 
dalene  islands,  as  in  former  years;  to  forbear  to  capture  our  vessels 
when  more  than  three  miles  from  tlu!  shore,  as  measured  without  ref^ 
crence  to  the  "headlands,"  and  by  th(;  old  construction  of  the  conven- 
tion; and  generally  to  execute  his  orders  with  forbearance  and  moder- 
atit)n.  That  the  British  ministry  have  been  disposed,  from  first  to  last, 
to  adjust  the  controversy  on  honorable  terms,  can  hardly  be  doubted. 
In  lbo2,  as  in  ISIO,  th(^  clamors,  remonstrances,  and,  I  will  add,  the 
misrepresentations  of  the  colonists,  changed  (heir  intentions.  As  at 
every  former  time,  the  politicians  of  Nova  Scotia  led  off  in  opposition 
to  a  settlem  -nt.  Early  in  September,  a  public  meeting  was  called  at 
Ilalif^ix,  which,  according  to  the;  published  report  of  its  proceedings, 
Wiis  attended  by  persons  of  all  classes  and  interests,  "  to  petition  her 
18 


274 

^Majesty  in  regard  to  the  rumored  surrender  of  the  rights  of  fishery  se- 
cured to  British  subjects  by  the  convention  of  1818."  One  gentleman 
of  consideration  and  influence  appears  to  have  "protested  against  the 
utiHty  of  the  meeting,"  but  to  have  been  "promptly  checked  by  his 
worship  the  mayor,"  who  presided.  Several  merchants  were  pres- 
ent, but  performed  a  secondary  part.  The  poHtical  leaders  had  every- 
thing their  own  way.  One  member  of  the  "provincial  parhament" 
nominated  the  chairman ;  another  introduced  a  series  of  resolutions  ; 
while  a  third,  who  declared  that  "a  strong  expression  of  the  opinion  of 
the  meeting  should  go  to  the  foot  of  the  throne,"  closed  his  remarks 
with  submitting  a  memorial  to  her  Majesty,  which  "  he  had  prepared." 
A  fourth  honorable  M.  P.  P.  is  understood  to  have  said,  that  "if  her 
Majesty's  government  give  up  the  fisheries,  they  must  be  prepared  to 
give  up  the  colony  also;"  and  the  Hon.  Joseph  Howe,  provincial  sec- 
retary, is  represented  to  have  advocated,  with  his  usual  power,  the 
adoption  of  the  measur'^^'  presented  by  his  associate  politicians.  Com- 
ment upon  these  measures  is  not  necessary.  The  tone  of  the  resolu- 
tions, of  the  address  to  the  governor  of  the  colony,  and  of  the  memo- 
rial to  the  Queen,  is  offensive.  These  documents,  from  beginning  to 
end,  show  a  spirit  of  deep  hostility  to  the  United  States,  and  a  deter- 
mination to  be  satisfied  with  no  terms  of  accommodation  which  would 
be  entertained  by  our  government;  and,  like  everything  else  in  Nova 
Scotia  on  the  subject  of  the  fisheries,  contain  much  that  is  erroneous  in 
statement  of  matters  of  fact,  and  that  is  unsound  in  questions  of  politi- 
cal science* 

*  These  documents  are  as  follows  : 

EESOLUTIONS. 

1.  Resoked,  That  the  citizens  of  Halifax  feel  deeply  grateful  to  her  Majesty's  goTernment 
for  the  determiuatiou  to  "  remove  all  ground  of  complaint  on  the  part  of  the  colonies  in  conse- 
quence of  the  encroaclmients  of  the  fishing  vessels  of  the  United  States  upon  the  reserved 
fishing  grounds  of  British  America, '  expressed  in  the  despatch  of  the  right  honorable  the 
Secretary  of  State  for  the  colonies,  dated  the  22d  of  May.  • 

2.  Resolved,  That  the  citizens  of  Halifax  have  regarded  with  interest  and  satisfaction  the 
judicious  measures  ado]Jted  by  Vice  Admiral  Sii-  George  Seymour,  to  can-y  out  that  determi- 
nation with  finimess  and  discretion. 

3.  Resolved,  That  securely  relying  upon  the  justice  and  maternal  care  of  their  Sovereign, 
the  citizens  of  Halifax  are  reluctant  to  believe  that,  because  a  few  threatening  speeches  have 
been  made  in  Congress,  and  a  single  ship-of-war  has  visited  their  coasts,  the  Queen's  govern- 
ment will  relax  their  vigilant  supervision  over  British  interests,  or  weakly  yield  up  rights 
secured  by  treaty  stipulations. 

4.  Rcsolrul,  That  history  teaches  that  the  commercial  prosperity  and  naval  power  of  every 
maritime  State  have  risen,  by  slow  degrees,  from  the  prosecution  of  the  fisheries,  in  which 
seamen  were  trained  and  hardy  defenders  nurtured. 

5.  Resolved,  That  reading  this  lesson  aptly,  the  great  commercial  and  political  rivals  of  Eng- 
land— the  United  States  and  France — have,  for  many  years,  fostered  their  fisheries  by  liberal 
bounties,  and  freely  spent  their  treasure  that  they  might  recruit  their  navj-  and  extend  their 
mercantile  marine. 

6.  Resolved,  That  by  the  aid  of  these  bounties  France  and  the  United  States  maintain,  on 
the  banks  and  coasts  of  North  America,  30,000  seamen,  respectively,  which  either  power,  in 
case  hostilities  impend,  can  call  home  to  defend  its  national  flag,  and,  if  need  were,  launch 
against  the  power  of  tliis  empire. 

7.  Resulted,  That  without  the  aid  of  bounties  the  fisheries  of  British  America  have  been  pros- 
ecuted, and  her  marine  interests  have  expanded,  until  her  shores  are  peopled  with  a  hardy 
class  of  men,  who  consume,  almost  exclusively,  the  manufactures  of  England  in  peace,  and 
who,  in  times  of  danger,  would  leap  into  the  shrouds  of  their  national  ships  to  defend  the  flag 
they  reverence. 


275 

There  is  now  but  lilllo  in  add  to  compl(>tc  a  record  of  the  more  im- 
portant events  connected  with  the  history  of  this  controversy. 

The  Queen  of  England,  in  licr  speech  at  the  opening  of  Parliament, 

8.  Rcsokcd,  That  the  cession  of  the  Aroostook  terntory,  and  the  free'navltration  of  the  St, 
Joha,  the  rijjht  of  registry  in  colonial  ports,  and  the  free  ndniission  of  the  productions  of  the 
United  States  into  IJritish  America  at  revenue  duties  only,  have  been  followed  by  no  cor- 
respontling  roljuvaiion  of  tiie  cuniniercial  Bysteui  of  the  United  States  which  would  justify  a 
further  sacrifice  of  C(donial  interests. 

9,  IxcsoUcd,  That  while  more  than  one  half  of  the  seacoast  of  the  republic,  bounds  slave 
States,  whose  laboring  population  cannot  b»'  trusted  upon  the  sea,  the  coasts  of  J'ritish  America 
include  a  frontage  upon  the  ocean  greater  than  the  whole  Atlantic  8(;aboard  of  the  United 
States.  The  richest  fisheries  in  th<>  world  surround  these  coasts.  Coal,  which  the  Americans 
innst  bring  with  them,  should  they  i>rovokc  hostilities,  abounds  at  the  most  convenient  point*. 
Two  millions  of  adventurous  and  indnstriiius  people  aln-ady  iuhnbit  these  provinces,  and  the 
citizuns  of  Halifox  would  indeed  deplore  the  deliberate  sacrifice  of  thi'ir  interests,  by  any 
weak  concession  to  a  power  wbich  ever  sccouds  tiie  efforts  of  astute  diplomac}  by  appeals  to 
the  angry  passions — tlie  full  force  of  which  has  been  twice  on  liritisii  America  within  the 
memory  of  this  generation,  and,  iu  a  just  cause,  with  the  aid  of  the  mother  country,  could  be 
broken  agaiu. 

ADDRESS. 

To  his  ErcrUcncy  Colonel  StR  J.  Gasparo  Lf.marcha?jt,  Knight,  and  Knight  Commander 
of  the  Orders  of  St.  Ferdinand  and  of  Charles  the  Third  of  S])ain,  Lieutenant  Governor 
and  Commander  in-chief  in  and  over  her  Majesty's  province  of  iSiova  Scotia  and  its  depend- 
encies, Chancellor  of  the  same,  &c. 

May  it  please  your  Excellency:  We,  her  Majesty's  dutiful  and  loyal  subjects,  the  mayor 
and  aldennen  of  t)ie  city,  and  representatives  of  the  city  and  comity  of  Halifax,  respectfully 
request  that  your  excellency  will  be  pleased  to  transmit,  by  this  night's  mail,  to  the  right  h(m- 
orable  the  Secretary  of  State  f(»r  the  Colonies,  to  be  laid  at  the  foot  of  the  throne,  a  dutiful 
and  loyaJ  petition,  unanimously  adopted  this  day  by  a  very  large  and  influential  meeting  of  our 
fellow-citizens,  held  iu  the  Province  Hall. 

We  aiso  i)ray  that  the  resolutions,  a  copy  of  which  is  annexed,  and  which  were  passed  with, 
equal  unanimity,  may  be  also  forwarded  to  the  right  honorable  the  Colonial  Secretary. 

This  petition,  and  these  resolutions,  have  been  adopted  in  conse(|Mence  of  the  alarming  in- 
telligence having  been  received  that  negotiations  are  pending  between  the  British  government  , 
and  the  American  minister  in  Lcuidon,  for  surrendering  to  the  citizens  of  the  United  StateB-; 
the  risrlit  of  fishing  on  the  coasts  and  within  the  bays  of  the  British  North  American  colonies, . 
from  which  they  are  now  excluded  by  tlie  convention  of  ISIS.  We  entreat  your  excellency,, 
as  the  Queen's  representative  in  this  province,  to  convey  to  her  Majesty's  government  a  strong., 
remonstrance  against  any  such  concessicm  of  the  fishing  rights  as  appears  to  be  contempltgbed. 

The  (itimediate  departure  of  this  mail  will  not  permit  our  detailing  all  the  disastrous  results 
to   be  apprehended  from  the  concessions  now  reipiired  by  the  .'Vmiirican  government,  but  we 
must  beg  that  you  will  assure  her  Majesty's  ministers  that  the  information  just  received.has. 
occasicmed   the   most  intense  anxiety  tliroughout  the  community,  it  behig  evident  that  our- 
rights,  once  c(»nceded,  om  never  be  regained. 

By  the  terms  of  the  convention  of  ]h]h  the  United  States  expressly  renounced  any  right  of 
fishing  within  three  marine- miles  from  the  coasts  and  shores  of  these  cohuiies,  or  of  tutering. 
their  bays,  creeks,  and  harbors,  except  for  shelter,  or  for  wood  and  water. 

If  this  restriction  be  removed,  it  must  be  obvious  to  your  excellemjy  that  it  will  he  impos- 
sible to  prevent  the  Americans  from  using  our  fishing  irrounds  as  fre(dy  as  our  own  Eshermen. 
Thev  will  be  pennitted  to  enter  our  bays  and  harbors,  where,  at  all  times,  »/«/(.«  armed  re$- 
scls  are  present  in  every  lit/rhor,  they  «ill  not  only  fish  in  eommon  with  our  own  fishermen,  but 
they  will  bring  with  them  contraliand  goods  to  exi-hau'.'e  with  tlie  iniialiitiints  for  tisli.  to  tho 
great  injury  of  coloiiial  traders  and  loss  to  the  pulilic.  n-veuue.  'i'he  tish  obtaiin-d  by  t 'jis  il- 
licit tratlic  will  then  be  taken  to  the  United  Slaii'n,  where  they  will  bo  entered  as  the  |u-i.ulnce- 
of  the  American  fisheries,  while  those  exporte.l  I'roui  liie  eolonies  in  a  legal  maimer  are  sub- 
ject to  oppressive  duties. 

We  need  not  remind  your  excellency  that   ih luivaii'nl  said  to  have  been  jiroposed— that 

of  aUowing  our  vessels  to  fish  in  tlie  waters  of   tin-  liniied  Stales — is  utterly  valueless,  and  un- 
worthy of  a  moment's  consiileration. 

We  wo'ild  fain  hope  that  the  reprtrts  wliieli  have  appeared  in  the  public  press  respecting: 
tho  pending  negotiations  between  tho  two  go\eninieuts  are  without  any  good  foumlutiou. 


276 

November,  1S52,  remarked  that  "  the  present  and  well-grounded  com- 
plaints on  the  part  of  my  North  American  colonies,  of  the  infraction  by 
the  citizens  ot  the  United  States  of  the  fishery  convention  of  1818,  in- 


We  cannot  imagine  that  her  Jlajesty's  government,  after  having  taken  prompt  and  decided 
measures  to  enforce  the  true  construction  of  the  treaty,  will  ever  consent  to  such  modification 
of  its  terms  as  will  render  our  highly  valued  rights  a  mere  privilege  to  be  enjoyed  in  common 
with  foreigners. 

We  therefore  pray  your  excellency  to  exert  all  your  influence  to  induce  her  Majesty's  min- 
isters to  stay  any  further  negotiations  on  this  vitally  important  question  until  the  rights  and 
interests  of  the  inhabitants  of  this  province  are  more  fully  inquired  into  and  vindicated. 

Halifax,  September  2,  1852. 

MEMORIAL. 

To  the  Queen's  Most  Excellent  Majesty. 

The  humble  memorial  of  the  undersigned,  merchants  and  inhabitants  of  Halifax  and  other 
parts  of  Nova  Scotia,  convened  at  a  public  meeting  held  at  Halifax  on  Thursday,  the  2d  of 
September,  1852,  showeth: 

By  the  mail  recently  arrived  from  England,  your  memorialists  have  learned  with  deep  con- 
cern that  it  is  in  contemplation  of  your  Majesty's  ministers  to  surrender  to  the  United  States 
of  America  privileges  of  fishing  on  the  coasts  of  j-our  Majesty's  North  American  colonies,  to 
which,  at  present,  your  Majesty's  subjects  are  alone  entitled. 

Time  is  not  afforded  to  enter  at  large  on  this  subject,  nor  is  it  neeessaiy.  Repeatedly  have  the 
vital  importance  of  these  fisheries,  and  the  necessity  of  preserving  unimpaired  the  restrictions 
against  encroachment  by  which  they  are  guarded,  been  urged  on  the  imperial  goverament.  It 
was  believed  the  time  had  long  passed  when  a  question  could  be  raised  on  either  of  these 
points.  To  stimulate  imperial  aid  in  protecting  and  maintaining  acknowledged  rights  was  all, 
it  was  imagined,  that  was  required  of  the  colonies,  and  they  fondly  trusted  this  consummation 
had  been  attained,  when,  in  the  present  season,  your  Majesty's  war  steamers  came  commis- 
sioned on  this  sei-vice. 

Little,  may  it  please  your  Majesty,  was  it  anticipated  these  were  to  be  the  precursors  of  a 
transfer  alike  injurious  and  himiiliatiug  to  your  loyal  colonial  subjects,  or  for  this  aid  that  so 
large  a  price  would  be  demanded. 

May  it  jjlease  your  Majesty,  when  the  United  States,  by  the  treaty  of  1318,  solemnly  renounced 
forever  the  right  to  fish  within  three  marine  miles  of  the  coasts,  bays,  creeks,  or  harbors  of 
certain  portions  of  your  North  American  territory,  the  stipulation  was  neither  extraordinary 
nor  extravagant.  It  is  matter  of  common  history,  that  sea-girt  nations  claim  peculiar  rights 
within  a  league  of  their  shores;  and  equally  plain  that,  according  to  the  maxims  of  interna- 
tional law,  this  claim  is  defined  by  lines  drawn  not  only  between  the  formations  of  bays,  but 
from  the  headlands  of  indentations  of  the  coast. 

But  had  it  been  otherwise,  the  stipulation  was  part  of  a  general  treaty,  in  which  concession 
on  one  side  may  be  presumed  to  have  been  compensated  by  concession  on  the  other,  and  loss 
in  one  particular  by  gain  in  another ;  and  the  engagement  was  made  in  language  too  explicit, 
and  in  tonus  too  well  understood,  to  admit  the  possibility  of  misapprehension. 

Shall  nations,  may  it  please  your  Majesty,  be  absolved  from  the  obligation  of  their  contracts, 
and  complaints  be  respected  when  made  by  a  people,  which,  between  individuals,  would  be 
treated  as  puerile  ? 

If  conciliation,  irrespective  of  right,  be  the  principle  on  which  is  to  be  withdrawn  the  re- 
striction against  the  entry  of  Americans  into  the  bays  and  indentations  of  the  coast  to  fish, 
limitmg  them  alone  to  the  distance  of  three  miles  from  the  shore,  the  concession  of  the  privi- 
lege to  fish  within  this  latter  distance  must  equally  be  granted — as,  indeed,  has  been  already 
urged  in  the  American  Congress  :  the  restriction  in  both  cases  rests  on  the  same  authority ; 
and  the  concession  in  each  would  be  denumded  by  the  same  principle.  It  may  not  be  the 
province  of  your  IMajesty's  cohmial  subjects  to  suggest  how  far  such  a  principle  is  consistent 
with  national  honor  and  independence  :  they  have  a  right  to  pray  that  it  be  not  carried  out  at 
their  expense. 

When  the  welfare  of  the  empire  is  supposed  to  demand  extensive  alterations  in  the  laws  of 
trade  and  navigation,  the  peculiar  interests  of  the  colonies  are  not  permitted  to  disturb  the  gen- 
eral system  by  the  continuance  of  coutliciing  regulations,  however  necessary,  from  long  usage 
and  the  competition  of  foreigners  more  powerful  and  more  fostered  by  their  own  government. 

In  the  present  case,  the  possession  to  surrender  is  no  offspring  of  artificial  arrangements, 
falling  with  a  complicated  policy  of  which  it  fonned  a  part. 

No,  may  it  i)lease  your  Majesty,  your  loyal  subjects  in  Nova  Scotia  raise  their  voice  against 
the  iujiuy  of  an  inheritance  conferred  upon  your  North  American  subjects  by  nature,  coa- 


277 

duced  me  to  (lr?|)nt('li,  for  the  protoction  of  their  in1(To?ts,  n  clriss  of 
vessels  beticr  adapted  to  the  service  than  those  which  had  been  pre- 
viously employed.  This  step  has  led  to  discussion  with  the  govern- 
ment of" the  United  States;  and  while  the  riirhis  of  my  su})jects  have 
been  firmly  maintained,  the  friendly  spirit  in  whicli  tlie  (juestion  has 
been  treated  induces  me  to  hope  that  the  idiimate  result  may  be  a  mu- 
tually beneficial  extension  and  impro^•ement  of  our  commercial  inter- 
course with  the  great  republic/' 

The  President  of  the  United  States,  in  his  message  to  Congress,  in 
the  following  month,  refers  to  the  sul)ject  with  less  brevity.  He  said: 
"  la  the  course  of  the  last  summer,  considerable  anxiety  was  caused, 
for  a  short  time,  by  an  official  intimation  from  the  government  of  Great 
Britain  that  orders  had  been  given  f()r  the  protection  of  the  fisheries 
upon  the  coasts  of  the  British  provinces  in  North  America  against  the 
alleged  encroachments  of  the  fishing  vessels  of  the  United  States  and 
France.  The  shortness  of  this  notice  and  the  season  of  the  year, 
seemed  to  make  it  a  matter  of  urgent  importance.  It  was  at  first 
apprehended  that  an  increased  naval  force  had  been  ordered  to  the 
fishing  grounds  to  carry  into  effect  the  British  interpretation  of  those 
provisions  in  the  convention  of  1818  in  refi^rencc  to  the  true  intent  of 
which  the  two  governments  diffi'r.  It  was  soon  discovered  that  such 
was  not  the  design  of  Great  Britain;  and  satisfactory  explanations  of 
the  real  objects  of  the  measure  have  been  given,  both  here  and  in 
London. 

The  unadjusted  difference,  however,  between  the  two  governments, 
as  to  the  interpretation  of  the  first  article  of  the  convention  of  1818,  is 
still  a  matter  of  importance.     American  fishing  vessels,  within  nine  or 

nested  with  their  soil  by  the  laws  juid  usages  of  riatiire,  confirmed  to  them  by  solemu  compact, 
and  which,  practically  eujoyt'd  by  rhcni  peculiarly,  and  as  jour  oflici'  Majesty's  subjects  cannot 
enjoy  them,  can  i)e  surrendered  only  at  their  extreme  injury  and  i,'reat  loss. 

Surely,  may  it  please  your  Majesty,  your  loyal  colonial  subjects  have  a  rijiht  to  ask  for  some 
better  reason  for  this  sacrifice  of  their  peculiar  right  and  interest  than  the  demand  ol'a  foreign 
power — the  aj,'f,'raudizenn'nt  of  a  foreii^n  people. 

It  is  rej)orted  that  the  American  government,  with  cliaracterisfic  diplonudic  skill,  have  of- 
fered to  concede  a  similar  privilege  on  their  own  coast  in  return  for  what  they  seek  on  the 
coasts  of  IJritish  North  America. 

The  prolfered  boon  is  valueless  to  the  ecdonlsis — they  want  it  not,  and  would  derive  no  ben- 
efit from  it .  Tlie  oiler  may  deceive  the  uninfornu'd,  or  it  may  allbrd  an  excuse  to  palliate  the 
sacrifice  of  your  colonial  subjects'  rights.  It  may  have  been  made  by  our  sagacious  neighbors 
with  this  object;  but  to  those  who  will  suffer  by  the  pretext,  it  is  but  the  addition  of  insult  to 
wrong.  If  rights  so  entirely  cidonial  and  so  clear  as  this  are  to  be  sacrificed  to  American  in- 
fluence, the  cohmists  should  know  it.  Let  tlnMii  not.  may  it  jdease  your  Majesty,  be  treated 
as  children  or  imbeciles  by  nominally  granting  them  a  privilege  whicii  they  know,  and  the 
Americans  know,  to  be  worthh^ss  as  au  eipiivaleut  for  one  whicli  both  eipially  know  to  be  of 
incalculable  value;  for  let  it  not  be  urged  upon  your  Majesty  that  what  the  Americans  seek 
is  of  no  value.     Thi-ir  esrnestni'S.s  is  cei-taiu  evidi-iice  fo  the  contrary. 

It  is,  may  it  please  your  Majesty,  of  value,  of  great  value,  in  itself;  of  i)erhaps  greater  value 
Btill,  as  the  best,  the  only  safeiruard  against  vi(dation  of  the  restriction  which  prohibits  (he 
approach  of  the  American  tishernu'ii  within  three  miles  (d'  the  shore. 

Your  memorialists  de])recate  all  negotiation — all  compromise  on  the  subject.  'I'he  Ameri- 
cans will  not,  ])ndiably  tlw^y  cannot,  gi'ant  an  equivalent  for  the  privileges  they  seek,  and  the 
only  security  for  the  cidonios  is  tiie  (uitirt;  abandoiinn'iit  of  tlie  present  negotiations. 

Your  memorialists  most  <!arnestly  entreat  your  .Majesty  that  the  existing  lisliery  restrii-tions 
will  be  presiMved  in  their  letter,  and  that  your  Majesty's  power  may  be  put  fitrth  to  prevent 
their  vicdation. 

And  your  petitioners,  as  in  duty  bound,  will  ever  pray,  &c. 


278 

ten  years,  have  been  excluded  from  waters  to  which  they  had  free 
access  for  twenty-five  years  after  the  negotiation  of  the  treaty.  In 
1845,  this  exclusion  was  relaxed  so  far  as  concerns  the  Bay  of  Fundy, 
but  the  just  and  liberal  intention  of  the  home  government,  in  compli- 
ance with  what  we  think  the  true  construction  of  the  convention,  to 
open  all  the  other  outer  bays  to  our  fishermen,  was  abandoned,  in  con- 
sequence of  the  opposition  of  the  colonies.  Notwithstanding  this,  the 
United  States  have,  since  the  Bay  of  Fundy  was  reopened  to  our  fish- 
ermen in  1845,  pursued  the  most  liberal  course  towards  the  colonial 
fishing  interests.  By  the  revenue  law  of  1846,  the  duties  on  colonial 
fish  entering  our  ports  were  very  greatly  reduced,  and,  by  the  ware- 
housing act,  it  is  allowed  to  be  entered  in  bond  without  payment  of 
duty.  In  this  way,  colonial  fish  has  acquired  the  monopoly  of  the  ex- 
port trade  in  our  market,  and  is  entering,  to  some  extent,  into  the  home 
consumption.  These  facts  were  among  those  which  increased  the  sen- 
sibihty  of  our  fishing  interest  at  the  movement  in  question. 

"  These  circumstances,  and  the  incidents  above  alluded  to,  have  led 
me  to  think  the  moment  favorable  for  a  reconsideration  of  the  entire 
subject  of  the  fisheries  on  the  coasts  of  the  British  provinces,  with  a 
view  to  place  them  upon  a  more  liberal  footing  of  reciprocal  privilege. 
A  wilhngness  to  meet  us  in  some  arrangement  of  this  kind  is  understood 
to  exist  on  the  part  of  Great  Britain,  with  a  desire  on  her  part  to  in- 
clude in  one  comprehensive  settlement  as  well  this  subject  as  the  com- 
mercial intercourse  between  the  United  States  and  the  British  provinces. 
I  have  thought  that,  whatever  arrangements  may  be  made  on  these 
two  subjects,  it  is  expedient  that  they  should  be  embraced  in  separate 
conventions.  The  ilhiess  and  death  of  the  late  Secretary  of  State  pre- 
vented the  commencement  of  the  contemplated  negotiation.  Pains  have 
been  taken  to  collect  the  information  requned  for  the  details  of  such  an 
arrangement.  The  subject  is  attended  with  consideral^le  difliculty. 
If  it  is  found  practicable  to  come  to  an  agreement  mutually  acceptable 
to  the  two  parties,  conventions  may  be  concluded  in  the  course  of  the 
present  winter.  The  control  of  Congress  over  all  the  provisions  of  such 
an  arrangement,  affecting  the  revenue,  will  ol  course  be  reserved." 

Our  latest  accounts  from  two  of  the  British  colonics  show  that  oppo- 
sition is  still  manifested  to  an  adjustment  of  the  dispute  on  terms  which 
would  be  satisfactory  to  the  United  States. 

The  resolutions  which  follow,  and  which  were  adopted  at  a  public 
meeting  at  St.  John,  New  Brunswicrk,  December,  1852,  uidicate,  prob- 
ably, tlie  temper  of  the  commercial  class  of  that  city: 

"  Ilcsohed,  That  this  meeting  consider  the  coast  fisheries  of  the  North 
American  colonies  the  natural  right  and  property  of  the  inhabitants 
thereof,  and  that  they  should  not  be  ahenated,  conceded,  nor  affected 
without  their  consent,  in  any  negotiation  with  the  United  States  gov- 
ernment, or  any  other  foreign  power,  without  their  consent,  inasmuch  as 
the  value  of  the  fisheries  to  the  British  provinces,  with  an  increased  and 
increasing  population,  cannot  be  estimated  aright  at  the  present  time. 

■*  Resolved,  That  this  meeting  view  with  deep  anxiety  and  concern 
the  announcement  in  her  Majesty's  speech  to  the  imperial  Parliament, 
that  negotiations  are  now  pending  between  her  Majesty's  government 
and  that  of  the  United  States,  relative  to  the  fisheries  of"  the  North 


279 

Americnn  provinces,  nnrl  nlso  the  recommondation  of  the  President  of 
the  United  States,  in  liis  ofHcial  message  to  Cono-ress,  to  negotiate  a 
treaty  f()r  a  participation  by  the  citizens  of  the  United  States  in  the 
said  fisheries,  irrespective  of  any  question  ot  reciprocal  intercourse  be- 
tween the  I'nited  States  and  the  North  American  colonies. 

"  Resolved,  That  a,  comrnittc^e  be  now  appointed  to  prepare  an  hum- 
ble address,  praying  that  her  >rajesty  will  !)<>  gi-aciously  pleas(Ml  to  re- 
fuse to  entertain  any  proposition  from  the  United  States  government  for 
any  modification  or  alteration  of  the  treaty  of  18  L8,  unless  such  a  prop- 
osition embraces  the  full  and  entire  question  of  reciprocal  intercourse  in 
commerce  and  navigation  upon  terms  that  will  be  just  and  reasonable, 
inasmuch  as  the  value  of  a  participation  in  our  fisheries  b}^  the  citizens 
of  the  United  States  would  greatly  exceed  any  concessions  that  the 
United  States  government  can  offer  to  the  inhabitants  of  the  British  colo- 
nics, and  that,  before  any  treaty  affecting  the  fisheries  is  agreed  upon, 
her  Majesty  will  be  graciously  pleased  to  afford  her  Majesty's  loyal  and 
faithful  subjects,  in  the  provinces,  an  opportunity  of  becoming  ac- 
quainted with  the  terms  proposed  in  said  treaty,  and  of  laying  their  case 
at  the  f<x)t  of  the  throne." 

The  lieutenant  governor  of  Nova  Scotia,  in  his  speech  to  the  Assem- 
bly of  that  colony,  January,  1853,  observes: 

"  I  shall  direct  to  be  laid  before  you  certain  papers,  connected  with 
the  important  subject  of  an  efficient  protection  of  the  fisheries,  including 
correspondence  between  the  executive  and  his  excellency  the  naval 
commander-in-chief  on  this  station,  with  respect  to  the  best  mode 
in  which  this  service  should  be  carried  out.  To  the  zeal  and  experi- 
ence of  that  distinguished  officer,  and  to  the  active  and  cordial  co-ope- 
ration of  the  officers  of  the  squadron  employed  under  his  command,  we 
are  mucii  indebted  for  the  vigilance  with  which  our  national  rights  have 
been  guarded,  without,  at  the  same  time,  any  diminution  of  the  friendly 
relations  which  ouu;ht  to  subsist  between  those  whose  common  origin 
and  mutual  mterests  offer  so  many  pledges  for  the  preservation  of  peace. 

"  You  will  be  pleased  to  learn  that  the  government  of  the  United  States 
has  at  length  consented  to  negotiate  on  the  subject  of  their  commercial 
relations  with  the  British  empin;.  I  shall  rejoice  if  th(>se  negotiations 
result  in  the  opening  of  more  extended  markets  for  the  productions  of 
British  America,  and  the  adjustment  of  questions  on  which  the  legisla- 
tures of  all  the  provinces  have  hitherto  evinced  a  lively  interest." 

The  Assembly,  in  their  reply  to  his  excellency,  deprecate  "any  con- 
cession of  territorial  advantages  to  the  citizens  of  the  Unitf^l  States, 
without  these  are  purchased  by  the  most  full  and  ample  e(juivalents." 

EXAMINATION  OF    THE    BRITISH  PRETENSIONS,  AND  OF    THE  DOCUMENTS 
WHICH  SUPPORT  THEM. 

Having  now  completed  a  rapid  liistorical  view  of  th(^  controversy 
between  the  two  governments  as  totli(>  intent  and  meaning  of  th(^  first 
article  of  the  convention  of  1818,  \  ])ropose  to  examine  tlic  j)iiiicl|7td 
papers  which  arc  relied  on  to  maintain  the  British  sid(^  of  tlic  cas(\ 

In  answer  to  f^ord  Falkland's  fust  query,  the  crown  lawyers  say: 
"In  obedience  to  your  lordship's  commands,  we  have  taken  these  papers 


280 

into  consideration,  and  have  the  honor  to  report,  that  we  are  of  opinion 
that  the  treaty  of  1783  was  annulled  by  the  war  of  1812;  and  we  are 
also  of  opinion  that  the  rights  of  fishery  ot  the  citizens  of  the  United 
States  must  now  be  considered  as  defined  and  regulated  by  the  conven- 
tion of  1818;  and  with  respect  to  the  general  question,  ^  if  so,  what 
right  f  we  can  only  refer  to  the  terms  of  the  convention,  as  explained 
and,  elucidated  by  the  observations  which  will  occur  in  answering  the 
other  specific  queries." 

And  so,  as  the  words  stand,  the  treaty  of  1783  having  been  "an- 
nulled" by  the  event  spoken  of,  our  independence  as  a  nation  was  re- 
voked also.  This  is  something  the  American  people  had  not  thought 
of.  These  gentlemen  mean,  possibly,  that  our  rights  of  fishing  only 
were  abrogated  by  the  rupture  in  1812,  and  we  may  consider  their 
opinion  on  this  ground. 

Fortunately,  the  late  President  John  Quincy  Adams  has  pronounced 
a  judgment  upon  this  very  point.  On  the  convention  of  1818  he  re- 
marked: "The  United  States  have  renounced  forever  that  part  of  the 
fishing  liberties  which  they  had  enjoyed,  or  claimed,  in  certain  parts  of 
the  exclusive  jurisdiction  of  British  provinces,  and  within  three  marine 
miles  of  the  shores.  The  first  article  of  this  convention  afibrds  a  signal 
testimonial  of  the  correctness  of  the  principle  assumed  by  the  Ameri- 
can plenipotentiaries  at  Ghent;  for  as  by  accepting  the  express  renun- 
ciation by  the  United  States  of  a  small  portion  of  the  privilege  in  ques- 
tion, and  by  confirming  and  enlarging  all  the  remainder  of  the  privilege 
forever,  the  British  government  have  implicitly  acknowledged  that  the 
liberties  of  the  third  article  of  the  treaty  of  1783  have  not  been  abro- 
gated by  the  war." 

It  is  true,  as  a  general  rule,  that  the  obligations  of  treaties  are  dis- 
solved by  hostilities.  But,  says  Chancellor  Kent,  '•'■where  treaties  con- 
template a  jpcrmaiwiit  arrangement  of  national  rights,  or  which,  by  their 
terms,  are  meant  to  provide  for  the  event  ot"  an  intervening  war,  it 
would  be  against  every  principle  of  just  interpretation  to  hold  them 
extinguished  by  the  event  of  war.  Theij  revive  at  peace,  unless  waived, 
or  new  and  repugnant  stipulations  be  made.'''  The  treaty  of  1783  is  pre- 
cisely within  this  rule.  It  "contemplated  a  permanent  arrangement 
of  national  rights."  It  "revived  at  the  peace;"  for  our  commissioners 
at  Ghent,  instead  of  "waiving"  the  former  stipulations,  or  admitting 
"new  and  repugnant"  ones,  declined  any  discussions  whatever  on  the 
subject.  In  their  communication  to  the  Secretary  of  State,  of  Decem- 
ber 25,  181-4,  they  say: 

"Our  instructions  had  forbidden  us  to  suffer  our  right  to  the  fisheries 
to  be  brought  in  discussion,  and  had  not  authorized  us  to  make  any  dis- 
tinction in  tlie  several  provisions  of  the  third  article  of  the  treaty  of 
1783,  or  between  that  article  and  any  other  of  the  same  treaty. 

"We  had  no  equivalent  to  offer  for  a  new  recognition  of  our  right  to 
any  part  of  the  fisheries,  and  we  had  no  power  to  grant  any  equivalent 
which  might  be  asked  for  it  by  the  British  government.  We  contended 
that  the  whole  treaty  of  1783  must  be  considered  as  one  entire  perma- 
nent compact,  not  liable,  like  ordinary  treaties,  to  be  abrogated  by  a 
subsequent  war  between  the  parties  to  it;  as  an  instrument  recognising 
tlie  rights  and  liberties  enjo^-ed  by  the  people  of  the  United  States  as 


281 

an  independent  niition,  and  containing  tlie  terms  and  conditions  on 
\viiich  the  two  parties  of  one  empire  had  mutually  agreed  licncefbrlli 
to  constitute  two  distinct  and  separate  nations.  In  consenting,  ])y  that 
treaty,  tliat  a  part  of  the  North  American  continent  should  remain  sub- 
ject to  the  British  jurisdiction,  the  people^  of  the  United  States  had  re- 
served to  themselves  the  liberty,  which  they  had  ever  before  enjoved, 
of  fishing  u[)on  that  part  of  the  coast,  and  of  drying  and  curing  fish 
upon  the  shores;  and  this  reservation  had  been  agreed  to  by  ihe  other 
contracting  party. 

"  We  saw  not  why  this  liberty — then  no  new  grant,  but  a  mere  recog- 
nition of  a  prior  right  always  enjoyed — should  be  forfeited  by  a  war 
more  than  any  other  of  the  rights  of  our  national  independence ;  or 
why  we  should  need  a  new  stijjulation  for  its  enjo3aTient  more  than  we 
needed  a  new  article  to  declare  that  tlie  King  of  Great  Britain  treated 
with  us  as  free,  sovereign,  and  independent  States.  We  stated  this 
principle  in  general  terms  to  the  Biitish  plenipotentiaries  in  the  note 
which  we  sent  to  them  with  our  prqjct  of  the  treaty,  and  we  alleged  it 
as  the  ground  upon  which  no  new  stipulation  was  deemed  by  our  gov- 
ernment necessary  to  secure  to  the  people  of  the  United  States  all  the 
rights  and  hbcrlies  stipulated  in  their  favor  by  the  treaty  of  17S3.  No 
reply  to  that  part  of  our  note  was  given  by  the  British  plenipotentia- 
ries."* 

To  Lord  Falkland's  second  and  third  queries  the  Queen's  advocate 
and  her  Majesty's  attorney  general  reply: 

"Except  within  certain  defined  limits,  to  which  the  query  put  to  us 
does  not  apply,  we  are  of  opinion  that,  by  the  terms  of  the  treaty, 
American  citizens  are  excluded  from  the  right  of  fishing  within  three 
miles  of  the  coast  of  British  America;  and  that  the  prescribed  distance 

*  It  has  been  sugjTested  to  me  by  gentlemen  of  high  consideration  in  onr  national  coiuicils, 
that  Mr.  Adnms,  by  consencing  to  the  convention  of  ISlrt,  abandoned  the  piiuciplo  which  is 
here  so  ably  asserted.  If  it  can  be  shown  that  he  really  did  consent  to  that  convention,  the 
suggestion  is  not  without  force,  since  it  is  manifest,  that  on  the  ground  taken  by  our  commis- 
sioners  at  (jhent,  no  new  stipulations  were  necessary.  But  I  have  never  believed  that  Mr. 
Adams,  as  Secretary  of  State,  approved  of  the  terms  of  the  convention ;  and  my  conjecture 
has  been,  that  he  persisted  in  the  views  wliich  he  entertained  in  lriJ4,  and  was  overruled  by 
other  mcinbers  of  Mr.  Monroe's  cabinet.  De.'^irous,  if  jjossible,  to  ascertain  the  precise  fact 
upon  so  iiii])ort;uit,  a  point,  I  addressed  a  note  of  imiuiry  to  the  Hon.  Charles  l''ra>uMs  A(hinis, 
biH  only  surviving  son  and  executor.  This  gentleman  consulted  iiis  father's  diary,  and  kindly 
furnished  me  wiiii  the  following  minutes  of  a  conversation  with  the  British  ministei-  at  Wash- 
ington, (Mr.  Bagot,)  on  the  15th  of  May,  1*^18.  This  extract  will  remove  all  doubt,  as  it 
Beems  to  me,  as  to  the  consistency  of  Mr.  Ailaras,  and  shows  tliat  he  siihmitird,  rather  than 
consented,  to  a  negotiation  which  he  bad  not  the  power  to  ]>revent,  as  well  as  to  terms  which 
he  disliked,  and  which  had  been  ])ariially  or  entirely  determined  ui)on  by  our  government 
before  his  return  from  England,  or  before  lie  became  a  meml)er  of  thi'  cabinet. 

"As  to  the  jiroposal  which  was  to  liave  been  made  to  tin'  British  governuieuf,"  he  recorded, 
"and  uliicli  iiad  hitlierto  been  delayed,  its  postpouemeut  liad  been  owiui,'  to  ditliculties  wiiieh 
had  been  diseovered  since  it  was  promised.  It  was  Ibuiided  on  riie  principle  ot'  assuming  a 
range  nt  coast  within  given  laiiindes  for  our  fishermen  to  iVenuent,  and  abandoning  lli(>  right 
to  tish  for  the  rest.  But  the  (ish,  themselves,  resorted  at  dill'erenl  times  to  dillerent  ]>arts  of 
the  coast,  and  a  jdac(!  which  might  be  sf'lected  as  very  eiii,'il)le  now,  nught  l)e  in  tlu»  course  "of 
four  or  five  years  entirely  deserted.  For  my  men  purl,  I  hud  utiruys  hrvii  arirsc  to  muj  proposal 
of  arrommodiilion.  I  thought  our  iclioir,  ris^lit,  us  sli/iulutnl  hi/  the  trruty  of  I7H:{,  so  clear, 
that  I  irus  for  uitiintuiiiiiiir  the  whole, ;  and  ifforre  should  he  uppliiil  to  prerrnt  our  Jishennen  from 
frrj/uenlim;  the  roast,  I  iniuld  hare,  protested  ni,'iiuist  it,  and  reserrril  the  rii'hl  of  rerorrriiier  the 
WHoi.K  UY  (■oncK,  irheiierer  ire  shouldbe  able.  It  mad,  iiowkvkh,  kkkn  dk  iv.kmim  o  oTnhHWisu 
HEKK,  ANO  A  i'i;oi-o,sAi.  MAO  iiKH.N  pRoMisKi).  INuliaps  wc  slioulti  ultimately  oher  to  givo  up 
the  right  of  drying  and  curing  ou  tho  shore,  and  rescn'o  the  whole  right  of  tishiug." 


282 

of  three  miles  is  to  be  measured  from  the  headlands  or  extreme  points 
of  land  next  the  sea  of  the  coast,  or  of  the  entrance  of  the  bays,  and 
not  from  the  interior  of  such  bays  or  inlets  of  the  coast;  and,  conse- 
quently, that  no  right  exists,  on  the  part  of  American  citizens,  to  enter 
the  bays  of  Nova  Scotia,  there  to  take  fish,  although  the  fishing  being 
within  the  bay,  may  be  at  a  greater  distance  than  three  miles  from  the 
shore  of  the  bay,  as  we  are  of  opinion  that  the  term  headland  is  used 
in  the  treaty  to  express  the  part  of  the  land  we  have  before  mentioned, 
excluding  the  interior  of  the  bays  and  the  inlets  of  the  coast." 

It  is  somewhat  remarkable  that  the  term  "  headland "  does  not  once 
occur  171  the  convention.  Of  course,  so  important  a  mistake  as  this  leaves 
these  learned  gentlemen  in  an  unfortunate  position.  The  single  word 
"headland,"  on  which  they  found  their  argument,  is  not  once  "  used," 
I  repeat,  in  the  instrument  which  they  are  required  to  interpret.  I  af- 
firm, further,  that  the  idea  of  excluding  our  vessels  from  the  "bays  of 
Nova  Scotia"  was  not  entertained,  nor  so  much  as  mentioned,  during 
the  negotiations  which  preceded  the  convention.  The  consultations 
between  Mr.  Adams  and  Lord  Bathurst  commenced  on  the  basis  of  re- 
quiring of  us  the  renunciation  of  the  shore  or  boat  fisheries,  and  of  no 
others.  At  the  first  interview  his  lordship  used  this  distinct  and  em- 
phatic language: 

"As,  on  the  one  hand.  Great  Britain  could  not  permit  the  vessels  of 
the  United  States  to  fish  within  the  creeks  and  close  upon  the  shores  of 
the  British  territories,  so,  on  the  other  hand,  it  was  by  no  means  her 
intention  to  interrupt  them  in  fishing  anywhere  in  the  open  sea,  or  without 
the  territorial  jurisdiction,  a  marine  league  from  the  shored  Again,  and 
on  a  subsequent  occasion,  he  said,  it  is  not  "of  fair  competition  that  his 
Majesty's  government  has  reason  to  complain,  but  of  the  preoccupa- 
tion of  British  harbors  and  creeks."  The  conferences,  the  corre- 
pondence,  proceeded  and  terminated  on  this  supposition — that  we 
rehnquished  the  iimer  grounds,  as  they  are  called,  and  retained  the  outer, 
or  vessel  fisheries.  We  were  no  longer  to  interfere  with  the  colonists  in 
the  "harbors  and  creeks;"  but,  beyond  the  common  three-mile  mari- 
time jurisdiction,  were  to  retain  every  right  to  catch  fish  that  we  had 
previously  enjoyed.  Did  space  allow,  I  could  show  from  both  sides  of 
the  correspondence  that  this  original  thought  of  Lord  Bathurst  was 
kept  continually  in  view,  and  that  the  baijs  mentioned  by  the  crown 
lawyers  were  not  even  once  referred  to.  Is  it,  then,  to  be  believed  for 
a  single  moment — recalling,  as  we  fairly  may  do,  the  course  pursued 
by  Mr.  Adams  and  Mr.  Gallatin  at  Ghent,  in  1S14,  and  the  remarks  of 
Lord  Bathurst  the  following  year — that,  after  three  years  of  negotia- 
tion, a  treaty  should  have  been  formed  which  took  from  us  very  much 
more  than  the  British  government  required  us  to  surrender  at  the  out- 
set?    The  thing  seems  utterly  impossible.* 

*  The  extract  from  Joha  Quincy  Adams's  diary  which  I  have  inserted  as  a  note,  in  consid- 
ering the  crown  lawyers'  reply  to  Lord  Falkland's  first  query,  shows,  conclusively,  that  as  late 
as  May  15,  1818,  and  after  the  negotiations  of  more  than  two  years,  our  government  had  not 
even  proposed  to  surrender  any  portion  of  th»  fishing-grounds  which  we  occupied  under  the 
treaty  of  1783.  Mr.  Adams  records,  at  the  date  mentioned:  ''Perhaps  ice  should  ultimately 
ofer  to  give  up  the  right  of  drying  and  curing  on  the  shore,  and  reserve  the  whok  right  of 
4shing.^' 


283 

Our  Ptntosmen  have  been  accused,  on  the  otlier  side  of  the  Atlnntic, 
of  a  hniited  knowledge  of  international  law,  but  never  of  sacrificing 
our  interests :  in  truth,  the  standing  charge  against  them  is,  that  they 
overreach,  and  drive  too  hard  bargains.  But,  on  the  supposition  that 
the  right  of  fishing  has  been  abandoned  in  the  bays  of  British  America, 
those  who  negotiated,  and  those  who  confirmed,  the  convention  of  ISIS, 
allowed  themselves  to  be  most  scandalously  duped,  and  never  subse- 
quently discovered  the  fraud. 

Contemporaneous  exposition  is  always  authoritative  to  some  extent ; 
and  in  this  case,  I  consider  it  is  as  decisive  as  are  the  essays  of  Hamilton, 
Madison,  and  Jay,  in  interjMcting  the  constitution. 

The  crown  lawyers,  who  had  no  part  in  concluding  tlio  treat}"  before 
us,  cannot  be  allowed  to  interpret  it  for  our  government,  when  we  have 
the  declarations  of  the  minister  who  opened  the  conferences,  and  the 
ministers  who  signed  the  treaty  itself.  From  this  position  we  are  not 
to  be  driven.  What,  then,  is  the  testimony  of  Messrs.  Gallatin  and 
Rush  ?  On  the  very  day  on  which  they  affixed  their  signatures  to  the 
convention,  (October  20,  ISIS,)  they  wrote  to  the  Secretary  of  State, 
(who  was  no  oth(u-  than  John  Quincy  Adams)  that  "  We  succeeded  in 
securing,  besides  the  rights  of  taking  and  curing  fish  within  the  hmits  de- 
signated by  our  instructions,  as  a  sine  qua  non,  the  liberty  of  fishing  on  the 
coasts  of  the  Magdalen  islands,  and  of  the  western  coast  of  Newfound- 
land, and  the  privilege  of  entering  for  shelter,  Avood,  and  water,  in  all  the 
British  harbors  of  North  America.  Both  were  suggested  as  important 
to  our  fisheries,  in  the  communications  on  that  subject,  which  were 
transmitted  to  us  with  our  instructions.  To  the  exception  of  the  ex- 
clusive rights  of  the  Hudson's  Bay  Company,  we  did  not  object,  as  it 
was  virtually  implied  in  the  treaty  of  17S3,  and  we  had  never,  any 
more  than  the  British  subjects,  enjoyed  any  right  there;  the  charter  of 
that  company  having  been  granted  in  the  year  1670.  The  exception 
apphes  only  to  the  coasts  and  harbors,  and  does  not  affect  the  right  of 
fishing  in  Hudson's  bay  beyond  three  miles  from  the  shores — a  right 
which  couJd  not  exclusively  belong  to,  or  he  granted  by,  any  nation. 

"It  will  also  be  perceived  that  we  insist  on  tlie  clause  by  which  the 
United  States  renounce  their  right  to  the  fisheries,  relin(]uished  by  the 
convention,  that  clause  having  been  omitted  in  the  first  British  counter 
jjrojet.  We  insisted  on  it  with  the  view — 1st.  Of  preventing  an  impli- 
cation that  the  fisheries  secured  to  us  were  a  new  grant,  and  of  placing 
the  permanence  of  the  rights  secured,  and  of  those  renounced,  precisely 
on  the  same  footing.  2d.  Of  its  being  e.i press! i/  stated,  that  our  renunciu- 
tion  extended  only  to  the  distance  of  time  niile.s  from  the  coast.  This  last 
point  was  the  more  important,  as,  with  the  exception  of  the  fisheries  in  open 
boats  within  certain  harbors,  it  apiuared  from  the  communications  above  men- 
tioned that  the  fishing  ground  on  the  wh<de  coast  (f  Nova  Scotia  is  more 
than  thne  milfs  from  the  shore;  whilst,  on  the  contrary,  it  is  ahuost  uni- 
versally close  to  tlic  shore  on  the  coasts  of  Labrador.  It  is  in  thut 
point  of  vieiv  that  the  privilege  of  entering  the  ports  for  shelter  is  useful,  and 
it -is  hoped  that,  with  that  provisinn,  a,  considerable  jjortion  of  the  actual 
fisheries  on  that  coaH  (of  Nova  Scotia)  will,  notwithstanding  the  renuncia- 
tion, be  preserved." 

But  if,  as  the  crown  lawyers  contend,  we  caunijt  fish  in  a  single  bay 


284 

of  Nova  Scotin,  what  did  the  Amcricnn  ministers  mean,  in  the  state- 
ments which  I  have  marked?  Did  the}^  attempt  to  deceive  an  Adams, 
on  questions  connected  with  the  fisheries;  or  were  they  ignorant  of 
their  duty?  Neither;  for  Mr.  Adams  himself  emphatically  and  posi- 
tively affirms  their  construction  of  the  convention.  Under  circum- 
stances* highly  mteresting  to  his  fame  with  this  generation  and  ^vith 
posterity,  he  declared  that  this  convention  ^^ secures  essentially  and  svh- 
stantialhj  all  the  rights  occp/ired  by  the  treaty  of  1783;  it  secures  the  wliole 
coast  fishery  of  every  imrt  of  the  British  dominion,  excepting  ivifhin  three 
marine  milts  of  the  shores.''^     What  answer  can  be  made  to  this? 

Still  again :  If  the  crown  lawyers  are  in  the  right,  how  does  it  hap- 
pen that  we  were  in  the  uninterrupted  possession  of  the  very  bays  in 
dispute  for  a  quarter  of  a  century?  The  fict  is  not  doubted  ;  indeed, 
the  attempt  to  dispossess  us  is  the  cause  of  the  controversy.  Mr.  Ev- 
erett afforded  Lord  Aberdeen  an  opportunity — nay,  invited  him — to 
explain  this  circumstance;  but  his  lordship  declined  to  reply.  During 
these  twenty-five  years,  ships  of  the  royal  navy  annually  appeared  on 
the  fishing  grounds  under  special  orders  to  prevent  aggressions ;  yet 
not  one  of  them,  prior  to  the  capture  of  the  Washington  in  1843,  ever 
seized  an  American  vessel  for  merely  fishing  within  these  ba3's  ! 

It  may  be  answered,  however,  that  we  were  occupants  without  title 
and  by  permission.  But,  says  Blackstone,  possession  of  lands,  "  by 
length  of  time  and  negligence  of  him  who  hath  the  right,  by  degrees 
ripens  into  a  perfect  and  indefeasible  title."  As  upon  the  land,  so 
upon  the  sea.  A  nation,  says  Vattel;  "if  it  has  once  acknowledged 
the  common  right  of  other  nations  to  come  and  fish  there,  can  no 
longer  exclude  them  from  it.  It  has  left  that  fishery  in  its  primitive 
freedom,  at  least  in  respect  to  those  who  have  been  in  possession 
ofit."t 

If  these  remarks  and  authorities  are  pertinent,  what  term  is  necessary 
to  give  us  a  right  to  the  common  use  of  the  bays  of  British  America  by 
uninterrupted  occupancy  and  possession  ?  Lord  Stanley,  in  a  despatch 
to  Lord  Falkland,  as  we  have  sfeen,  considered  that  we  had  "  practi- 
cally acquiesced"  in  the  opinion  of  the  crown  lawyers,  because  we 
did  not  protest  against  it  in  less  than  two  years ;  and  it  might  seem 
that  the  "  practical  acquiescence"  of  the  British  government  for  a  period 
of  twenty-five  5^ears  previously  was  sufficient  to  place  us  within  the 
rule  of  the  writers  above  quoted,  Especially  since,  after  all,  the  true 
question  in  discussion  is  simply  whether  we  shall  con'inue  in  the  com- 
mon use  of  waters  to  which  we  have  never  ceased  to  resort  from  the 
peace  of  1783  ;  to  which  our  fathers  resorted  as  British  subjects  before 
the  dismemberment  of"  the  empire ;  and  to  which  we,  as  their  descend- 

*  Controversy  with  Jonatliau  Eussell. 

t  Dr.  Paley,  in  liis  Moml  and  Political  Philosophy,  states  the  principle  far  more  broadly. 
In  chapter  eleven,  which  is  devoted  to  the  "  general  rights  of  mankind,"  he  says : 

"  If  there  be  fisheries  which  are  inexhaustible — as,  for  aught  I  know,  the  cod-fishery  upon 
the  Banks  of  Newfoundland  and  the  herring  fisheiy  in  the  British  seas  are — then  all  those  con- 
ventions by  which  one  or  two  nations  claim  to  themselves,  and  guaranty  to  each  other,  the  Ex- 
clusive enjoyment  of  these  fisheries,  are  so  many  encroachments  upon  the  general  rights  of 
mankind." — Boston  edition,  1821,  p.  84. 


285 

ants,  linve  a  claim  for  services  rendered  to  the  British  crown  in  the 
original  conquest  from  France. 

If  asked  how  the  term  "  bays"  is  to  be  (h.sposed  of"  in  the  treat}',  I 
answer  ihat   it  a})plies  to  such  arms  of  tlie  sea  as  on  some  coasts  are 
called  cores  and  creeks,  and  was  meant  to  designate  all  sheets  of  water 
which  are  not  six  miles  wid(>,  and  no  others.     That  our  ministers  acted 
upon  iiifornuition  obtained  li-om  persons  engaged  in  the  fisheries  is  cer- 
tain, for  the  negotiation  was  suspended  to  obtain  it;  and  we  may  rea- 
sonably conclude  that  their  informants  spoke  of  these  coves  or  creeks 
by  the  popular  name  of  hays.     Any  person  with  a  mariner's  chart  in 
his  hand  can  observe  that  on  the  colonial  coasts  there  is  a  multitude 
of  "  bays,"  some  of  which  are  more,  and  many  less,  than  six  miles 
wide  at  their  mouths,  or  outer  headlands.     In  fact,  I  know  of  no  coast 
where  the}'  are  so  numerous.     To  mention  all,  would  occupy  more  room 
than  can   be  spared  in  this  rej:)Oit.     Mace's,  St.  Mary's,  Harrington, 
Liverpool,  Malaguash,  Mahone,  Margaret's,  Blind,  Tenant's,  Pennant's, 
Chisselcook,  Mnscjuidoboit,  Newton  (^uoddy,  8hoal,  Tom  Lee's,  Nicom- 
qnii(]ue,  Nicomtan,  and  Dover,  are  a  part  (though  the   most  considera- 
ble) between  the  St.  Croix  and  Cape  Canso  alone.     That  it  may  be 
lully  understood  in  what  sense  the  word  "bay"  is  used  in  speaking  of 
indentations  of  the  coast  at  the  east,  1  give  an  example  in  the  case  of 
the  Passamaquoddy,  which  in  itself  is  only  a  branch-bay  of  Fundy. 
In  this  small  branch-bay,  then,  in  common  language,  are  Cipp's,  South, 
East,  Rumsey's,  Cobscook,   Strait,  Friar's,  Casco,  and  West  Quoddy; 
and  the  Passamaquoddy,  after  being  thus  minutely  divided,  takes  the 
name  of  St.  Andrew's  bay,  northerly  and  westerly  of  Eastport.     The 
term  "  bays"  is  therefore  a  word  of  sufficient  signiticance  in  the  treaty, 
without  embracing  bodies  of  water  which  are  as  large  as  many  Euro- 
pean seas,  and  which  are  to  be  held  in  America  as  seas.     I  claim  that 
our  vessels  can  enter  them  of  right,  and  fish  in  them,  and   can  enter 
and  fish  in  their  branches,  where  the  shore  on  either  hand  is  more  than 
three  miles  distant.     We  renounced  the  right  to  fish  in  the  bodies  of 
sea-water  which  are  less  than  six  miles  wide  at  their  entrance  or 
mouths,  and  in  no  others.     That  this  is  the  true  meaning  of  the  con- 
vention is  apparent  trom  the  proviso  of  the  renunciatory  clause,  which 
allows  oiu"  fishermen  to  enter  '■'■such  ba^'s  or  harbors  for  the  purpose  of 
shelter,  and  of  repairing  damages  therein,  of  puix-hasing  wood,  and  of 
obtaining  water,"  &c.     Now,  as  every  practical  man  knows  that  neither 
of  these  pur])oses  is  or  can  be  accomplished  in  larg(>  op(Mi  bays,  it  is 
certain  that  while  we  renounced  the  right  to  fish  in  the  small  ba^-s,  we 
retained  the  right  to  enter  them  in  cases  of  distress  and  emergency. 
The  bays  relincjuished  are  of  a  description  which  allow  of  anchorage 
and  shelter  in  stormy  weather;  that  actually  afford  safety  during  the 
days  and  weeks  which  disabled  vessels  may  occupy  in  repairs;  that 
have  accessible  f()r(\sts,  and  springs  or  streams  of  fresh  water.     The 
idea  embraced  is,  that  f)ur  vessels,  in  the  cases  specified,  may  run  into 
anv  ;nid  every  indent  of  tlu;  coast;  li)r  tlx^  term  "purchasing  wootl" 
supposes  a  colonial  owner,  wiili  a  hiibiiailoii  on  the  shore,  of  whom  fuel 
can  be  bought  and  paid  for;  and  thus  iiieludes  places  which  are  inhab- 
ited.    Persons  wh<>  are  ac(|iiainted  with  the  iiold   and  rocky  shores  of 
the  largi;  bays  of  British  America — those  of  Chaleurs  and  Funtly,  for 


286 

example — with  the  dense  fogs  which  prevail  there,  with  the  frequent 
and  terrjfic  gales,  and  with  the  fearful  whirls  and  great  rise  and 
fall  of  the  tide,  understand  full  well  what  was  intended  to  be  reserved 
in  the  treaty,  and  the  importance  of  the  reservations.  But  such  per- 
sons never  heard,  and,  I  will  venture  to  say,  never  will  hear,  of  fishing 
vessels,  or  of  any  class  of  vessels,  effecting  either  of  the  purposes 
mentioned  in  the  proviso,  while  sailing  broad  in  the  great  seas  which, 
in  common  language,  are  called  hays.  Yet  these  seas,  in  the  opinion  of 
the  crown  lawyers,  are  only  open  to  our  vessels  in  cases  of  distress, 
and  when  not  one  object  lor  which  they  say  we  may  lawfully  enter 
them  can,  in  fact,  be  executed.  An  attempt  to  show  that  the  Queen's 
advocate,  and  her- Majesty's  attorney  general,  do  not  thus  absurdly  in- 
terpret the  convention,  involves  the  admission  that  our  vessels,  once 
across  the  line  drawn  three  miles  outside  of  the  headlands,  may  seek 
the  small  branch-bays  within  these  seas;  and  so  demonstrates  the 
accuracy  of  the  construction  which  I  have  given ;  for  then  it  follows 
that  the  right  to  fish  in  the  branch-bays  only  is  renounced,  inasmuch 
as  "5?^-A  bays,"  after  all,  are  the  bays  which  afford  the  shelter,  the  ac- 
commodation for  repairs,  and  the  wood  and  water,  contemplated  by 
the  convention. 

"It  is  an  established  rule  in  the  exposition  of  statutes,"  says  Chan- 
cellor Kent,  "that  the  intention  of  the  lawgiver  is  to  be  deduced  from 
a  view  of  the  whole  and  of  every  part  ol"  a  statute,  taken  and  com- 
pared together.  The  real  intention,  when  accurately  ascertained,  will 
alwa3's  prevail  over  the  literal  sense  of  the  terms."  And  he  says 
further,  that  "  When  the  words  are  not  explicit,  the  intention  is  to  be 
collected  from  the  occasion  and  necessity  of  the  law,  lirom  the  mischief 
felt,  and  the  remedy  in  view;  and  the  intention  is  to  be  taken  or  pre- 
sumed, according  to  w^hat  is  consonant  to  reason  and  good  discretion." 
If  such  is  tlie  fact  with  regard  to  municipal  la^v,  how  much  more  im- 
portant is  the  principal  in  the  interpretation  of  treaties,  which  affect 
the  liarmon}'  and  peace  of  nations?  1  submit,  then,  that  we  have  the 
"intention"  of  IMessrs.  Rush  and  Gallatin,  in  their  renunciation  of  the 
right  to  fish  in  certain  bays;  that  the  pretension  of  England,  that  the 
war  of  1812  had  abrogated  our  entire  rights,  as  provided  in  the  treaty 
of  17S3,  was  the  "occasion  and  necessity"  for  new  stipulations  on  the 
subject;  that  the  opening  conference  between  Lord  Bathurst  and  Mr. 
Adams,  in  1S15,  shows,  beyond  all  doubt,  that  fishing,  by  our  country- 
men, within  the  creeks  and  close  upon  the  shores  of  the  British  terri- 
tories, was  the  "mischief  felt;"  and  that  the  exclusion  of  American 
vessels  from  the  common  three-mile  jurisdiction  was  "the  remedy  in 
vie\v,"  in  tlie  renunciatory  clause  of  the  convention.  Nor  can  it  be 
urged  that  the  relinquishment  on  our  part  of  the  boat  or  shore  fisheries 
was  too  inconsiderable  an  object  to  be  so  strongly  insisted  on  by  the 
British  government.  I  understand  the  value  of  these  fisheries  far  too 
well  to  allow  any  force  to  such  a  suggestion.  The  colonists,  secure  in 
these,  have  vast  treasures  at  their  very  doors.  Oftentimes  they  have 
but  to  cast,  tend,  and  draw  seines  and  nets,  to  take  hundreds  of  barrels 
of  mackerel  and  herring  in  a  single  day;  and  years  have  occurred 
when  no  less  than  forty  thousand  barrels  of  the  former  fish  have  been 
caught  in  a  season,  on  a  portion  of  the  coast  only  twelve  miles  long. 


287 

As  regards  the  sliore  fishery,  for  the  kinds  usually  dried,  that  in  the 
region  of  Barrington  is  of  itself  a  mine  of  wealth.  Colonial  lishcnnen, 
here  and  elsewhere  along  tlie  coast,  may  be  at  home  after  every  day's 
toil,  and  look  out  upon  their  American  competitors  in  the  offing,  rejoic- 
ing in  advantages  of  pursuing  their  avocation  in  open  boats,  and  the 
consequent  advantages  of  social  life,  and  of  fisliing  and  of  attending  to 
their  little  firms  between  "slacks  of  the  tide,"  in  "blowy  weatlier," 
and  wlien  the  fish  "strike  ofl'." 

The  Queen's  advocate  and  her  Majesty's  attorney  general  answer 
Lord  Falkland's  fourth  query  as  fbllow's: 

"By  the  treaty  of  ISIS  it  is  agreed  that  American  citizens  should 
have  the  liberty  of  fishing  in  the  Gulf  of  St.  Lawrence,  within  certain 
defined  limits,  in  common  Avith  British  subjects;  and  sueli  treaty  does 
not  contain  any  words  negativing  the  right  to  navigate  the  passage  of 
the  Gut  of  Canso,  and  therefore  it  may  be  conceded  that  such  right 
of  navigation  is  not  taken  away  by  that  convention;  but  we  have  now 
attentively  considered  the  course  of  navigation  to  the  gulf,  by  Cape 
Breton,  and  likewise  the  capacity  and  situation  of  the  passage  of 
Canso,  and  of  the  British  dominions  on  either  side,  and  we  are  of  opin- 
ion that,  independentl}'  of  treaty,  no  foreign  country  has  the  right  to 
use  or  navigate  the  passage  of  Canso;  and  attemhng  to  the  terms  of  the 
convention  relating  to  the  liberty  of  fishery  to  be  enjoyed  by  the  Amer- 
icans, we  are  also  of  opinion  that  that  convention  did  not,  either  ex- 
pressly or  by  imj)lication,  concede  any  such  right  of  using  or  navigating 
the  passage  in  question.  We  are  also  of  opinion  that  casting  bait  to 
lure  fish  in  the  track  of  any  American  vessels  navigating  the  passage, 
"W'ould  constitute  a  fishing  within  the  negative  terms  of  the  convention." 

This  reply  and  the  report*  of  the  committee  of  the  House  of  Assembly 
of  Nova  iScotia  will  be  considered  together.  The  committee  laud  the 
late  Chancellor  Kent,  cite  from  his  Commentaries,  and  aver  that  he 
"agrees  with  the  principles  put  forth  by  the  law  officers  of  the  crown, 
and  which  justify  the  conclusion  that  no  foreign  power,  independent  of 
treaty,  has  any  right  to  navigate  the  passage  of  Canso."  It  is  not  so. 
The  passage t  which  they  quote  from  Kent  relates  to  "an  immunity 
from  belligerent  warfare;"  to  s]ii])s  of  an  enemy  "hovering  on  our 
coasts;"  to  the  degree  of  "uneasiness  and  sensibility"  we  might  feel, 
"in  the  case  of  war  between  other  maritime  powers,"  were  they  to 
"use  the  waters  of  our  coast"  for  the  purpose  of  cruising  and  of  cap- 
turing vessels.  He  gives  no  exact  rule  even  in  this  respect.  He  gives 
no  exact  rule  in  time  of  peace.  He  says  that  "///c  claim  of  dnnvn'wn  to 
close  or  narrow  seas  is  still  (he  thane  of  discussion  and  con/rorersi/.^''  He 
then  states  the  doctrine  of  several  writers  on  international  law,  and 
remarks  that  "all  that  can  reasonably  l)c  asserted  is,  that  the  dominion 
of  the  sovereign  of  the  shore  over  the  contiguous  sea  extends  as  fir  as 
is  re(|uisile  for  his  safl'ty  and  f<)r  some  lawtid  end.  A  more  extended 
dominion  must  rest  entirely  upon  force  and  maritime  supr(Mnacy." 
Now,  it  may  he  asked  whether  the  "safety"  of  Nova  Scotia  demands 
the  cl(»sing  of  Canso;  and  wlicthcr  tln'  refusal  of  its  use  is  l()r  "some 


*  Inserted  in  the  hiHtorical  notice  of  the  controversy  in  this  report,  nuder  date  of  1851. 
t  Kent's  ConuucutarifH,  edition  of  IS'^i,  vol.  J,  pages  2\)  iiud  30. 


288 

lawful  end."  I  nm  defending  the  rights  of  men  in  peace.  I  am 
asking  for  a  free  sea  when  our  fishermen  are  bound  to  and  from  the 
distant  scenes  of  their  toiL  I  assume  that  they  neither  loiter  nor 
traffic;  that  they  violate  no  municipal  law;  and  that  in  no  other  way 
do  they  harm  or  molest  her  Majesty's  subjects.  Perhaps  the  eminent 
jurist,  who  is  quoted  so  triumphantly  against  them,  will  sustain  my  de- 
fence. We  shall  see.  "Every  vessel  in  time  of  peace,"  says  the 
same  Chancellor  Kent,  "has  a  right  to  consult  its  own  safet}^  and  con- 
venience, and  to  pursue  its  own  course  and  business,  without  being 
disturbed,  and  without  having  violated  the  rights  of  others."  Again, 
he  says:  "As  the  end  of  the  law  of  nations  is  the  happiness  and  per- 
fection of  the  general  societ}^  of  mankind,  it  enjoins  upon  every  nation 
t]ie  punctual  observance  of  benevolence  and  good  will,  as  well  as  of 
justice,  towards  its  neighbors.  This  is  equally  the  policy  and  the  duty 
of  nations."  Still  again:  "No  nation  has  a  right,  in  time  of  peace,  to 
interfere  with,  or  interrupt,  any  commerce  which  is  lawful  by  the  law 
of  nations,  and  carried  on  between  other  independent  powers,  or  be- 
tween different  members  of  the  same  state."  Nor  is  this  all.  "  Every 
nation  is  hound,  in  time  of  peace,  to  grant  a  jiassage,  for  lauful  iivrposcs., 
over  their  lands,  rivers,  and  seas,  to  the  pcoj)le  of  other  stales,  whenever  it 
can  he  permitted  without  inconvenience.^''*  Let  us  apply  these  principles 
to  the  case  before  us.  In  passing  through  Canso,  our  fishermen  consult 
their  "safety  and  convenience."  They  promote  the  "happiness"  of 
mankind,  tor  they  are  producers  of  human  food.  Their  "  purpose  is 
lawful,"  for  the  crown  lawjj'ers  themselves  admit  that  the  right  of  fishing 
in  the  Gulf  of  St.  Lawrence  is  secured  to  them. 

A  report  on  Canso  has  become  a  regular  legislative  duty  in  the 
Assembly  of  Nova  Scotia.  The  little  colonial  world  will  soon  be  grat- 
ified with  another  labored  effx)rt  to  show  that  our  countrymen  have  "no 
right  to  pass  through  one  of  her  Majesty's  possessions."  I  commend 
to  the  committee  of  1853  the  passages  which  I  have  quoted,  and  which 
relate  to  the  duties  of  nations  in  time  of  peace.  I  have  the  presump- 
tion, too,  to  suggest  to  the  Queen's  advocate,  and  her  Majesty's  attorney 
general,  that  though  Selden  was  among  the  lights  of  his  age,  and 
though  his  Mare  Clausum  was  once  high  authorit}^,  yet  that  since  the 
progress  of  civilization  has  modified  some,  and  changed  other,  rules  of 
international  law,  it  is  time  that  the  old  and  barbarous  doctrine  of 
exclusion  from  the  navigation  of  internal  straits  between  the  main  land 
and  islands,  as  applied  to  vessels  under  sail,  and  making  a  direct 
voyage,  ceased  to  distress  the  mariners  of  one  Christian  country  when 
within  the  jurisdiction  of  another.  Two  centuries  ago,t  when  Selden, 
and  his  great  antagonist,  Grotius,  wrote  their  celebrated  treatises,  it 
was  the  practice,  under  the  public  law,  to  confiscate  the  debts  due  to 
the  subjects  of  an  enemy  at  the  commencement  of  hostilities;  to  regard 
an  enemy  as  an  outlaw  and  as  a  criminal,  who  had  no  right  to  life,  even 
when  unarmed  and  defenceless;  to  use  poisoned  weapons,  employ 
assassins,  violate  females,  and  sell  prisoners  into  slavery ;  and  to  con- 
fiscate, as  contraband,  provisions  when  in  transitu  to  feed  starving  non- 

*  These  several  quotations  are  from  Kent,  edition  of  1832,  pages  28,  29,  31,  32,  33,  and  34. 
t  Selden  died  iu  1654 ;  Grotius  in  1645. 


2S9 

combatants  and  famishing  women  and  cliiklrcn.  If  the  abstract  right 
exist  to  close  Canso  in  time  of  peace  against  vessels  under  sail,  it 
belongs  to  the  same  class  of  inhuman  rules  of  the  international  code. 
"The  English,"  says  Montesquieu,  "have  made  the  protection  of 
foreign  merchants  one  of  the  articles  of  their  national  Hberty."  I  com- 
mend the  sentiment  to  the  consideration  of  the  English  crown  law3'-ers. 

But  let  us  take  a  practical  view  of  the  question  before  us.  The 
peninsula  of  Nova  Scotia  is  bounded  on  the  northeast  b}'  the  strait,  or 
"gut,"  of  which  we  are  speaking,  and  is  sej)nrat(-d  by  it  from  the  large 
island  of  Cape  Brt^ton.  To  save  the  long,  dilhcult,  and  at  some  times 
of  the  year  the  dangerous  voyage  round  this  island,  our  vessels  are  in 
the  constant  practice  of  passing  through  Canso.  The  strait  is  lighted; 
and  our  flag  contributes  liberally  to  support  all  the  light-houses  on  the 
coast.  The  "light-money"  exacted  is,  indeed,  so  enormous — the 
benefit  atl()rded  considered — that  our  ship-owners  complain  of  the  ex- 
actions continually.*  It  is  apparent  at  a  glance  that  the  sailing  of  a 
vessel  over  the  sea  between  Nova  Scotia  and  Cape  Breton  can,  of 
itself,  harm  no  one.  This  sea,  be  it  understood,  is  very  narrow,  not 
exceeding,  in  some  parts,  one  mile  in  l)readth. 

Having  thus  stated  the  case,  we  will  illustrate  the  doctrine  main- 
tained by  the  crown  lawyers,  by  one  exactly  parallel  in  all  its  points. 
The  "McLane  arrangement"  in  1830,  disposed  of  many  of  the  diffi- 
culties which,  from  the  peace  of  1783,  had  embarrassed  our  intercourse 
with  the  colonies,  and  under  its  terms  colonial  vessels  have  freely  used 

•  The  United  States  consul  at  Pictou,  Nova  Scotia,  thus  wrote  to  Mr.  Forsyth,  Secretary 
of  State,  in  1839 :  "  The  tax  of  six  and  two-thirds  cents  per  ton  rei,dHter  of  shippin;,',  collected 
by  the  province  of  Nova  Scotia  at  the  Strait  of  Canso,  is  levied  on  British  as  well  as  foreign 
ships;  bnt  it  becomes  a  heavy  charge  on  American  vessels  makinir  four  or  five  trips  a  year  to 
this  port,  in  the  coal  trade:  and  as  tliere  is  no  impost  on  shipping  in  American  ports  for  ihe 
euppoit  (if  lights  on  the  coast  of  the  United  States,  such  a  tax  on  American  vessels  in  the 
ports  (if  the  British  colonies  involves  a  discrepance  in  the  terms  of  intercourse  between  the 
two  countries,  although  it  professes  to  be  based  on  strict  reciprocity." 

The  Gloucester  Telegraph,  a  paper  which  is  authority  on  all  matters  connected  with  the 
fisheries,  contained  the  following  article,  August,  1852 : 

"Light  duty  at  the  bay. — One  of  the  most  grievous  things  which  our  fisliermen  have  to 
submit  U)  at  the  Bay  of  St.  Lawrence,  is  the  payment  of  a  light-duty.  Our  vessels  have  for 
years  been  obliged  to  pay  this  duty  at  the  Gut  of  Canso,  which  is  a  tax  upim  the  town  of 
Gloucester  alone  of  $1,000  a  year.  This  year  every  vessel  which  visits  the  harbor  of  Prince 
Edward  Island  is  obliged  to  jjay  another  tax,  which  is  called  anclntrage  duty.  As  almost 
all  of  (»ur  vessels  ^^sit  the  island,  this  new  duty  al)out  doubles  the  tax  upon  them.  And  atrain, 
if  any  of  our  vessels  are  driven  by  stress  of  weather  into  Miramichi,  and  some  of  the  otiicr 
ports  on  the  main  land,  the  anchorage  duty,  light-duty,  jxirt  charges,  &c..  Sec,  are  put  ui)on 
them  to  the  amount  of  .■$•20  more.  Now,  is  this  right .'  The  Nova  Scotia  vessels  whicli  visit 
our  harbors  are  subjected  to  port  charges,  amounting,  for  a  vessel  under  one  hundred  tons,  to 
only  i$4  .oO.  "Why  should  our  vessels,  for  merely  passing  through  their  waters,  be  subjected 
to  so  heavy  a  tax,  whib;  their  vessels  who  visit  us  for  the  purjiose  of  trading  have  the  benetit 
of  our  liiiht-houses,  and  oidy  pay  a  trifling  sum  for  port  charges  .' 

"  It  is  said  that  the  light-duty  jiaid  by  our  vessels  is  for  the  support  of  their  light-houses. 
But  what  are  those  light-houses  .'  Thr-re  are  two  poor  liyhis  at  liu- (Jut  of  Canso,  but  none 
en  the  coasts  visited  by  the  fishenneu,  excejit,  we  believe,  at  Gaspe.  There  is  no  light  on  the 
whole  niirthem  coast  of  Prince  Edward  Island,  w  hich  is  most  visited  by  our  tislicnuen  dur- 
ing the  stormy  months  of  September  and  Octolier,  when  the  lights  are  most  needed.  Our 
fishing-vessels  alone  pay  light-duty  sufficient  tfi  have  the  coast  well  lighte.l. 

"The  officers  who  colk'ct  these  duties  admit  that  they  are  unjust;  but  still  tli(>y  ^ay  rheir 
govenun.iit  must  impose  them.     And  how  are  tiu^y  collected  .'     The  officers  at  the  i-land 
olfer  to  take  most  auvthing  when  the  captain  hesilates  about  paying  the.  specie;  (i.ey  wii] 
take  molasses,  pork,  aud  even  oil  clothes!    This  is  u  nice  wav  io  smurnle  in  the  goods.'' 
I) 


290 

the  straits,  passages,  and  .harbors  of  our  entire  coast.  Thousands  of 
these  vessels  visit  our  ports  annually;  and  the  "in-shore"  voyage  is 
invaluable  to  them  during  the  stormy  and  boisterous  months  of  the 
5'ear.  Every  merchant  engaged  in  navigation  is  aware  that,  as  a  class, 
the  small  vessels  built  in  Nova  Scotia  and  New  Brunswick  are  far  in- 
ferior to  our  own.  To  say  nothing  of  the  want  of  skill  and  sobriety  in 
some  of  the  masters,  and  nothing  of  the  weak  and  misshapen  hulls  of 
many  of  the  colonial  craft,  it  may  be  remarked  that  a  proportion  of  such 
as  are  employed  in  the  transportation  of  wood  and  gypsum  are  fitted 
with  the  cast-off  sails  and  cordage  of  timber-ships.  To  "dodge  along 
shore"  is  the  only  safe  course  for  these  vessels  to  pursue,  as  none  can 
deny.  To  allow  them  to  do  so,  is  but  an  act  of  common  humanity. 
To  deny  them  the  "boon,"  would  be  to  involve  many  in  certain  de- 
struction. 

And  now,  suppose  that  the  legislature  of  Maine  should  remonstrate 
to  our  government  on  the  subject,  and  insist  that  the  people  of  that 
State  suffer  great  wrong,  because  colonial  vessels,  when  bound  to  Port- 
land, Boston,  and  other  northern  ports,  instead  of  keeping  broad  off  at 
sea,  "hug  the  shore"  and  pass  through  Edgemaroggin  and  Moosepeck 
Reaches,  over  Bass-harbor  bar,  through  Fox  Island  thoroughfare,  and 
between  Monhegan  and  the  main  land.  Suppose,  too,  that  the  legis- 
latures of  New  York  and  Connecticut  should  join  the  frontier  State 
and  demand  the  exclusion  of  British  vessels  from  Long  Island  Sound  ? 
Suppose,  further,  that  finally  the  Attorney  General  of  the  United  States 
should  submit  an  opinion  to  the  President,  in  which  he  should  say  that 
no  stipulations  giving  the  right  to  navigate  these  straits  and  this  sound 
exist,  either  in  the  treaty  of  1783,  in  Jay's  treaty  in  1794,  in  the  treaty 
of  peace  in  1814,  in  the  treaty  of  commerce  in  1815,  in  the  convention 
of  1818,  in  the  McLane  arrangement  in  1830,  or  in  the  last,  the  treaty 
of  Washington  in  1842;  who  w^ould  fail  to  see  the  inhumanity — nay, 
the  outright  wickedness— of  the  whole  proceeding?  Yet,  were  all  this 
to  be  done,  they  would  do  no  more  than  has  actually  been  done  by  the 
political  leaders  of  Nova  Scotia  and  the  crown  lawyers  of  England. 
As  a  matter  of  right,  the  British  colonists  can  be  treated  precisely  as 
the}"  require  the  government  of  England  to  treat  us.  If — as  they  aver, 
and  quote  international  law  to  prove — the  Strait  of  Canso  is  not  open 
to  our  vessels  under  sail  and  passing  to  and  from  the  Gulf  of  St. 
Lawrence,  then,  and  for  the  same  reasons — geographical  and  political — 
the  "reaches,"  sounds,  straits,  and  "thoroughfares"  along  the  coast  of 
the  United  States,  are  not  open  to  them.     Can  this  position  be  denied? 

In  reply  to  Lord  Falkland's  fifth  query,  the  law  officers  of  the  crown 
say:  "  With  reference  to  the  claim  of  a  right  to  land  on  the  Magdalene 
islands,  and  to  fish  from  the  shores  thereof,  it  must  be  observed  that, 
by  the  treaty,  the  liberty  of  drying  and  curing  fish  (purposes  which 
could  only  be  accomplished  by  landing)  in  any  of  the  unsettled  bays, 
&:c.,  of  the  southern  part  of  Newfoundland,  and  of  the  coast  of  Labra- 
dor, is  specifically  provided  for;  but  such  privilege  is  distinctly  nega- 
tived in  any  settled  bay,  &c.  And  it  must  therefore  be  inferred  that, 
if  the  liberty  of  landing  on  the  shores  of  the  Magdalene  islands  had 
been  intended  to  be  conceded,  such  an  important  concession  would 


291 

have  been  the  subject  of  express  stipulation,  nnd  would  necessarily 
have  been  accompanied  with  a  description  of  the  inland  extent  of  the 
shore  over  which  such  liberty  was  to  be  exercised,  and  whether  in 
settled  or  unsettled  parts;  but  neither  of  these  important  particulars  is 
provided  f()r,  even  b\^  implication.  And  that,  among  other  considera- 
tions, leads  us  to  the  conclusion  that  American  citizens  have  no  right  to 
land  or  conduct  the  fishery  from  the  shores  of  the  Miigdalene  islands. 
The  word  'shore'  does  not  appear  to  be  used  in  the  convention  in  any 
other  than  the  general  or  ordinary  sense  of  the  word,  and  must  be 
construed  with  reference  to  the  hberty  to  be  exercised  upon  it,  and 
would  therefore  compromise  the  land  covered  with  water  as  tin-  as  could 
be  available  for  the  due  enjoyment  of  the  liberty  granted." 

Will  these  learned  gentlemen  explain  why  the  word  '■^shores''''  is  used 
in  the  convention  in  connexion  with  the  right  which  we  enjoy  at  these 
islands,  while  the  terms  "coa.s'i"  and  "cww/s"  are  employed  when  de- 
fining our  rights  at  Newfoundland  and  Labrador?  The  reason  is  very 
obvious  to  practical  men.  The  Newfoundland  and  Labrador  fisheries 
are  co^-fisheries :  the  principal  Magdalene  fishery  is  n.  herring-^shexy. 
The  ^^shores^^  of  the  Magdalene  islands  are  not  wanted  lor  the  purpose 
of  "drying  and  curing  fish,"  as  the  crown  lawyers  seem  to  suppose, 
but  for  using  nets  and  seines.  With  all  deference,  then,  their  argument 
is  not  sound.  The  right  to  use  the  implements  emplo3^ed  by  British 
■subjects  at  these  islands  is  indispensable  to  our  success  in  the  herring- 
fishery  there.  The  herring  is  never  split  and  dried  like  the  cod,  nor  is 
it  cured  on  the  shores  of  the  Magdalenes.  Hence  there  are  no  conclu- 
sions to  be  drawn  from  a  statement  of  the  limitations  of  "drying  and 
curing"  in  the  cod-fishery  on  other  and  distant  coasts.  Yet  this  is  the 
reasoning  by  which  we  are  to  be  deprived  of  the  right  to  land  and  fish 
on  the  shores  of  the  Mao:dalene  islands.  But  I  insist  that  the  chans^e  ot 
the  terms  "coast"  and  "coasts"  to  "shores"  was  meant  to  give  the 
precise  right  which  it  is  urged  we  cannot  enjoy.  To  have  said,  in  the 
convention,  that  we  might  take  fish  on  the  coast  and  coasts  of  these 
islands,  as  really  is  said  when  speaking  of  the  cod-^shery,  would  have 
been  a  vain  use  of  words;  but  since  the  /iernV?^-fishery  requires  the 
use  o[ shores,  and  without  the  use  of  shores  cannot  be  prosecuted  in  the 
common  way,  the  reason  why  the  term  was  used  in  relation  to  that 
fi.shcry  is  too  manifest  to  need  further  illustration. 

Still,  as  it  is  argued  that,  "if  tlie  liberty  of  landing  on  the  shores  ot 
the  Magdalene  islands  had  been  intended  to  be  conceded,  such  an  im- 
portant concession  would  have  been  the  subject  of  express  stipulation," 
&;c.,  it  may  not  be  amiss  to  consider  the  suggestion.  And  I  rcplv  that, 
if  "a  descri]}lion  of  the  inland  extcMit  of  the  shore  over  whicii"  we 
may  use  nets  and  seines  in  catching  the  herring  is  necessary,  it  is 
ef[ually  necessary  to  define  our  rights  of  drying  and  curing  the  cod 
elsewhere,  and  as  stipulated  in  the  convention.  Both  are  shore  rights, 
and  both  arc  left  withr)ut  condition  or  limitation  as  to  the  f|uaiilily  of 
beach  and  upland  that  may  be  apjjropriated  l)y  our  fisjieriuen.     It  was 

{)roclaime<l  in  the  House  of  Commons,  more  than  two  centuries  ago, 
)y  Cok( — that  giant  of  the  hiw — thai  "free  fishing"  included  "all 
ITS  ixciDEXTS."     The  thought  may  Ix-  useful  to  the  (Queen's  advocate 


292 

and  her  Majesty's  attorney  general  when  next  they  transmit  an  opinion 
across  the  Atlantic  which  is  to  aftect  their  own  reputation  and  the  rep- 
utation of  their  country.  The  right  to  take  fish  "  on  the  shores  of  the 
Magdalene  islands,"  without  conditions  annexed  to  the  grant,  whatevei 
these  profoundly  ignorant  advisers  of  the  crown  of  England  may  say 
to  the  contrary,  includes,  by  its  very  nature  and  necessity,  all  the 
"incidents"  of  a  "free  fishery,"  and  all  the  privileges  in  use  by  and 
common  among  fishermen,  and  all  the  facilities  and  accommodations, 
on  the  land  and  on  the  sea,  which  conduce  to  the  safety  of  the  men 
employed  in  the  fisher}^  and  to  an  economical  and  advantageous  pros- 
ecution of  it. 

We  have  cause  of  thankfulness,  however,  that  we  possess  the  right 
to  do  at  least  one  thing,  under  the  convention,  without  being  liable  to 
the  pains  and  penalties  of  her  Majesty's  court  of  vice-admiralty.  The 
sixth  query  of  Lord  Falkland  is  answered  in  our  favor,  and  as  follows: 
"By  the  convention,  the  liberty  of  entering  the  bays  and  harbors  of 
Nova  Scotia,  for  the  purpose  of  purchasing  wood  and  obtaining  water, 
is  conceded  in  general  terms,  unrestricted  by  any  condition,  expressed 
or  implied,  limiting  it  to  vessels  duly  provided  at  the  commencement 
of  the  voyage ;  and  we  are  of  opinion  that  no  such  condition  can  be 
attached  to  the  enjoyment  of  the  liberty." 

But  Lord  Falkland  is  not  to  be  excused  for  proposing  the  inquiry. 
That  his  question  may  not  be  lost  sight  of,  (though  once  inserted,)  it  is 
here  repeated.  "Have  American  fishermen,"  he  asked,  "the  right  to 
enter  the  bays  and  harbors  of  this  province,  [Nova  Scotia,]  for  the 
purpose  of  purchasing  wood  or  obtaining  water,  having  provided 
neither  of  these  articles  at  the  commencement  of  their  vovai^es  in  their 
own  countr}^;  or  have  they  the  right  only  of  entering  such  bays  and 
harbors  in  cases  of  distress,  or  to  purchase  wood  and  obtain  water 
after  the  usual  stock  of  those  articles  for  the  voyage  of  such  fishing 
craft  has  been  exhausted  or  destroyed?" 

Did  his  lordship  really  believe  that  our  fishing  vessels  ever,  and 
under  any  circumstances,  depart  from  home  "without  providing" 
wood  and  water?  But,  on  the  supposition  that  they  always  do  make 
a  vo5''age  of  three  hundred  miles  with  stocks  of  neither,  what  then? 
Common  charit}^  might  dictate  that  their  improvidence  should  not  be 
punished  wdth  an  interdiction  against  procuring  articles  of  so  indis- 
pensable necessity  at  the  earliest  possible  moment.  Lord  Falkland 
lives  in  the  middle  of  the  nineteenth  century :  he  is  a  British  peer :  he 
is  yet  the  governor  of  a  British  colony:  he  is  the  husband  of  a  daughter 
of  a  British  king:  and  he  never  should  have  said,  substantially,  that 
an  American  fisherman,  when  found  in  a  British  colonial  harbor  bar- 
gaining with  a  subject  of  her  Majest}^  for  a  boat-load  of  fuel,  or  craving 
leave  to  fill  his  water-cask  at  a  well,  or  presuming  to  dip  a  few  gallons 
from  a  running  brook,  would  be  adjudged  a  lawful  prize,  unless  able 
to  prove  to  her  Majesty's  judges  of  vice-admiralty  that  the  "usual  stock 
of  those  articles  for  the  vo3^age"  had  been  "exhausted  or  destroyed." 
The  sixth  query  was,  however,  necessary  to  complete  the  series,  and 
illustrate  the  spirit  of  the  whole.  The  seventh  and  last  answer  requires 
no  comment,  as  it  merely  announces  that — 


293 

•"The  rights  of  fisliery  cedod  to  the  citizens  of  the  United  Rtntes,  and 
Chose  reserved  for  the  exelusive  enjf)yment  of  British  sulijeets,  depend 
altogether  upon  the  convention  of  ISIS,  the  only  existing  treaty  on  this 
subject  between  the  two  countries;  and  the  material  points  arising 
thereon  have  beea  specifically  answered  in  our  replies  to  the  preceding 
queries." 

That  this  opinion  is  not  conclusive  against  us,  and  that,  indeed,  it 
has  no  binding  force  whatever,  hardly  need  be  said;  especially  since 
there  is  probable  cause  to  believe  that  it  was  paid*  for  in  the  common 
coarse  of  professional  duty.  But  whether  the  Queen's  advocate  and 
her  Majesty's  attornc}^  general  did  or  did  not  appear  in  the  "case" 
submitted  to  them  as  the  counsel  of  Nova  Scotia,  is  a  matter  of  no  mo- 
ment to  us.  The  judgment  which  they  have  rendered,  and  the  exam- 
ination of  which  is  now  concluded,  deserves  no  respect  either  for  its 
law,  its  common  sense,  its  humanity,  or  its  justice.  Its  only  claim  to 
the  notice  bestowed  upon  it  consist.s  in  the  fact  that  it  is  relied  on  to 
prove  that  we  are  in  the  v/ron,^  and  England  in  the  right,  in  the  contro- 
versy which  has  arisen  as  to  the  intent  and  meaning  of  the  convention 
of  1818. 

We  are  now  ready  to  inquire  what,  up  to  1841,  was  the  British  con- 
struction? First,  however,  let  us  glance  at  the  British  pretension  prior 
to  the  corx'luding  of  the  convention.  In  1817,  in  the  orders  of  Admiral 
Milne  to  Captain  Chambers,  under  which  several  American  vessels 
were  seized,  it  is  said:  "On  meeting  Avith  any  foreign  vessel  fishing  or 
at  anchor  m  any  of  the  harbors  or  creeks  in  his  Majesty's  North  American 
provinces,  or  within  our  maritime  jurmlicdon,  you  will  seize,"  &c.  Here 
is  the  extent  of  the  British  claim.  Captain  Chambers,  in  reporting  his 
doings  to  his  comntiander-in-chief,  remarked  that  ho  "did  not  receive 
any  intelligence  of  foreign  vessels  being  within  our  jnrhdictlo/i,  until  the 
3d  iiistant,"  (June  3,  1817,)  when  he  was  informed  "that  they  con- 
stantly resorted  to  the  crccJce  on  this  coast  in  order  to  catch  their  bait, 
clean  their  fif^h,  wood,  water,  &c."  The  harbors  of  Cape  Negro  and  of 
dre  Ragged  Island,  he  said  farther,  were  visited  by  such  vessels;  and 
in  these  harbors  and  fijr  resorting  to  these  harbors  he  captured  eleven 
American  fishermen. 

The  bodies  of  sea-water  of  more  than  six  miles  in  width  were  not 
claimed,  then,  in  1817,  and  pending  the  negotiations ;  and  Admiral 
Milne  acted  in  strict  conformity  to  Lord  Bathurst's  sugi:(\stion  to  Mr. 
Adams  in  1810,  that  we  must  rehnquisli  "tlie  harl)ors  and  creeks,"  and 
the  "nuaritime  jurisdiction  tliree  niarine  miles  fi-om  the  shore."  II"  the 
construction  of  the  crov/n  lawyers  is  just,  it  follows  tliat  the  convention 
of  1818  is  an  injury  rather  than  a  benefit,  for  the  simple  reason  that 
previous  to  that  year  we  were  allowed  to  fish  in  the  bays  which,  it  is 
pretended  b}'  tliese  gentlemen,  we  caimot  enter  under  the  slij)ulations 
of  that  instrument. 

What,  in  the  second  place,  has  hrcn  the  course  pursued  si/irc  1818? 
Some  (>f  the  colonial  writers  have  aliiinicd   (hu'ing  the  present  year, 


•  When  Lord  Falkland  solicited  Lord  John  RusBell  to  Bubmit  his  queries,  he  said :  "  I 
sm  authori/pd  by  tho  llouse  of  Ae^iembly  hnro  to  dt-fray  auy  rxpcuse  that  mny  be  incurrod 
^•btaiuiu^'  such  oi>'wluii,"  itc. 


294 

(1S52,)  that  the  act  of  Parliament  of  1819  (cited  m  this  report)  asserts 
the  British  construction  as  now  maintained.  It  is  not  so.  The  act  does 
indeed  recite  the  iirst  article  of  the  convention,  and  was  passed  in  con- 
sequence of  it ;  but  it  does  not  contain  a  word  which  defines  the  term 
"bays,"  or  which  indicates  the  manner  of  measuring  the  throe-mile 
interchction.  It  authorizes  the  seizure  of  vessels  that  should  violate  its 
provisions.  The  proceedings  of  British  naval  officers  on  the  American 
stations,  who  have  always  been  lurnished  with  a  copy  of  the  act,  and 
with  a  copy  of  the  convention,  and  whose  orders  from  the  Lords  of  the 
Admiralty  have  always  been  founded  on  both,  will  enable  us  to  ascer- 
tain whether  or  not  the  ships-of-war  have  alloM-ed  our  vessels  to  fish 
anywhere  and  everywhere,  in  the  bays  and  outside  of  the  bays,  more 
than  three  miles  from  the  shore. 

While  my  home  was  on  the  eastern  frontier,  hardly  a  year  passed 
without  my  seeing  one  or  more  ships  of  the  royal  navy  which  were  em- 
ployed on  this  service  in  the  Bay  of  Fundy  ;  and  I  am  sure  that  a  case  of 
seizure  for  "fishing  broad"  in  that  bay  never  occurred  previous  to  the 
year  1843.  Even  Captain  Hoare,  of  the  Dotterel,  who,  as  we  have  seen, 
spread  consternation  among  our  fishermen  in  1824,  and  subsequently, 
Hiformed  Admiral  Lake,  his  commander-in-chief,  that  his  orders  to  the 
officers  in  command  of  his  armed  boats  had  been  to  capture  only  such 
American  vessels  as  "  they  Ibund  within  three  marine  miles  of  the 
shore,"  and  to  except  those  "  in  evident  distress,  or  in  want  of  wood 
and  water."  The  same  was  observed  elsewhere.  The  report  of  Cap- 
tain Fair,  of  her  Majesty's  ship  Champion,  in  1839,  shows  that  he  passed 
through  a  fleet  of  six  or  seven  hundred  American  vessels  in  various 
positions — some  within  the  headlands  of  the  bays,  and  some  along  tlie 
shores ;  but  none  within  the  three-mile  interdiction.  His  fi'ank  declara- 
tion on  the  subject  is  honorable  to  him.  While  cruising  in  the  vicinity 
of  Prince  Edward  Island  he  states  that  there  was  not  "  a  single  case 
which  called  for  our  interference,  or  where  it  was  necessary  to  recom- 
mend caution ;  on  the  contrary,  the  Americans  say  that  a  privilege  has 
been  granted  them,  and  that  they  will  not  abuse  it."  That,  in  allow- 
ing several  hundreds  of  our  fishermen  to  pursue  their  avocation  with- 
out molestation,  his  conduct  was  in  accordance  with  his  instructions, 
we  have  positive  evidence ;  for  Lieutenant  Paine,  who  visited  the  fish- 
ing grounds  the  same  year  in  command  of  the  Grampus,  stated  after 
his  return,  in  a  letter  to  the  Secretary  of  State,  that  the  orders  of"  Ad- 
miral Sir  Thomas  Harvey,  as  he  informed  me,  were  only  to  prevent" 
our  countrymen  from  "  fishing  nearer  than  three  miles."  But  the  au- 
thorities of  Nova  Scotia,  said  Lieutenant  Paine,  "seera  to  claim  a  right 
to  exclude  Americans  from  all  bavs,  including  those  large  seas — such 
as  the  Bay  of  Fundy  and  the  Bay  of  Chaleurs ;  and  also  to  draw  a 
line  from  headland  to  headland,  the  Americans  not  to  approach  within 
three  miles  of  this  line." 

Here,  then,  tM^o  years  before  the  crown  lawyers  gave  the  opinion 
under  examination,  is  our  first  knowledge  of  the  "headlands."  It  was 
but  whispered  even  in  1839.  The  naval  officers  knew  nothing  about  it. 
Our  government  knew  nothing  about  it  until  1841,  when  Mr.  Forsyth, 
in  a  despatch  to  Mr.  Stevenson,  our  envoy  to  the  Court  of  St.  James^ 


295 

called  his  attention  to  it.     "  From  the  information  in  the  possession  of  the 
department,'''  he  observed : 

"  It  appears  that  the  provincial  authorities  assume  a  right  to  exclude 
Am(M-ican  vessels  from  all  their  bays,  even  including  those  of  Fundy 
and  Chaicurs,  and  to  prohibit  their  approach  withiu  three  miles  of  a 
line  drawn  from  headland  to  headland.  These  authorities  also  claim 
a  right  to  exclude  our  vessels  from  resorting  to  their  ports  unless  in 
actual  distress,  and  American  vessels  are  accordingly  warned  to  depart, 
OT  ordered  to  get  under  weigh  and  leave  a  harbor,  whenever  the  pro- 
vincial custom-house  or  British  naval  officer  supposes,  without  a  lull 
examination  of  the  circumstances  under  which  they  entered,  that  they 
have  bccsi  there  a  reasonable  time." 

As  yet,  however,  the  colonists  had  not  ventured  to  enforce  the  pre- 
tension they  had  set  up.  Lord  Falkland,  iu  a  despatcli  to  Lord  Stanley 
dated  in  May,  1841,  affirms  this;  i'ur  he  says: 

^■'in  point  of  fact  I  have  not  been  able  to  le^u-n  that  any  seizures  have 
been  made  when  the  vessels  have  not  been  within  three  miles  of  the 
distance  prescribed  b}^  the  statute,  or  considered  so  to  be,  although  it  is 
true  that  the  Bay  of  Fundy,  as  well  as  soialler  bays  on  the  coast  of  this 
province,  is  thought  by  the  law  officers  in  the  province  to  form  a  part 
of  the  exclusive  jurisdiction  of  the  crown." 

Besides,  ho^v  happens  it  that  if  the  "King's  most  excellent  Majesty, 
by.  and  with  the  advice  and  cottsent  of  the  Lords  spiritual  and  tempual 
and  Commons"  in  Parliament  assembled,  meant  to  exclude — and  by 
the  act  of  ISl'O  actually  did  exclude,  as  far  as  the  action  of  one  govern- 
ment could  do  so — our  vessels  from  the  bays  now  in  dispute ;  how  hap- 
pens it,  I  ask,  that  in  1841,  twenty-one  years  afterwards,  the  queries  ol 
Lord  Falkland  before  us  were  submitted  to  the  crown  hiwyers?  On 
the  ground  that  I'arliament  had  alrcadij  construed  the  convention  as  his 
Lordsliip  desired  that  it  should  be  interpreted,  why  did  not  the  British 
minister  to  whom  these  queries  were  transmitted  so  state  in  reply  ?  The 
act  of  1819  was  the  supreme  law  of  the  realm;  and  if  the  commanders 
of  the  ships  of  the  royal  navy  on  the  American  station  had  been  in- 
siructed  year  after  year,  and  for  twenty-one  years,  to  execute  it,  and  to 
consider  it  as  a  construction  of  the  convention  in  the  sense  now  con- 
tended for,  why  were  every  one  of  these  commanders  so  very  unfaith- 
ful to  their  duty"?  Why  wa.s  the  fact  that  their  orders  from  the  admi- 
ralty required  them  to  hunt  up  and  to  drive  out  all  American  lishcrmen 
from  these  bays  unknown  to  evcnybot^y,  in  England  and  America? 

Three  years  previously  (183S)  Lord  Cih^uelg,  the  Secretary  for  the 
Colonies,  in  a  communication  to  Sir  Colin  Campbell,  lieutenant  governor 
of  Nova  Scotia,  in  answer  to  a  joint  address  to  the*  Queen  from  the  Le- 
gislative Council  and  House  <d"Asseinl)lyot  that  colony,  complaining  of 
the  h;d)itnal  violation  by  American  cifi/cns  of  the  convention  of  lbl8, 
promises  that  an  armed  force  shall  l>e  kept,  annually,  on  the  fishing 
grounds;  and  states  that  "her  Majesty's  minister  at  Washington  had 
been  instructed  to  invite  the  friendly  co-operation  of  the  American  gov- 
ernment" to  enforce  a  more  strict  obscrviuice  of  that  convention.  Here 
was  a  very  j>roper  opportunity  (o  refer  to  the  provisions  of  the  act  of 
Parliament  of  1S19,  ;iiid  to  give  our  government  Lord  Glenc^lg's  con- 
struction of  it.     But  instead  of  thLs,  he  tempers  the  expectations  of  tlie 


296 

colonists  by  snylng,  that  "  The  commanders  of  these  vessels  will  be 
cantioned  to  take  care  that,  while  supporting  the  rights  of  British  sub- 
jects, they  do  not  themselves  overstep  the  bounds  of  the  treaty." 

Lord  Aberdeen,  April,  1S44,  in  a  letter  to  Mr.  Everett,  adopts  the 
opinion  of  the  crown  lawyers.  This,  I  suppose,  was  the  first  unquali- 
fied official  avowal  to  a  functionary  of  our  government  of  the  head- 
land construction  of  the  convention.  His  lordship,  in  March,  1845, 
in  another  communication  addressed  to  Mr.  Everett,  reaffirms  this 
construction,  and  distinctly  states  that  with  reference  to  the  Bay  of 
Fundy  and  the  other  ba3's  on  the  British  American  coasts,  "no  United 
States  fisherman  has,  under  that  convention,  the  right  to  fish  within 
three  miles  of  the  entrance  of  such  bays  as  designated  by  a  line  drawn 
from  headland  to  headland  at  that  entrance." 

Our  right,  therefore,  to  the  bays  in  dispute  rests  upon  the  British 
interpretation  of  the  treaty,  as  well  as  our  own. 

Nor  are  we  unsupported  by  colonists.  Some,  w'ith  great  fairness^ 
admit  all  that  we  claim.  Two  examples  will  suffice.  A  respectable 
colonial  newspaper,  in  commenting,  in  1845,  ^apon  Lord  Stanley's  des- 
patch of  March  30,  of  that  year,  which,  it  will  be  remembered,  opens 
the  Bay  of  Fundy,  objects  to  the  measure  on  the  ground  that  o>ar  privi- 
leges were  already  ample  :  for,  it  remarks,  "  in  the  conveation  of  1818, 
it  is  stipulated  that  the  citizens  of  the  United  States  shall  be  allowed  to 
fish  wnthin  three  nautical  miles  aromul  all  our  coasts ;"  that  instrument, 
it  argues,  "  should  have  reserved  to  us  [to  British  subjects]  the  qraiet  and 
undisturbed  possession  of  our  hays  and  inlets.''''  The  article  from  which 
this  extract  is  made  is  able,  and  was  copied  isito  several  other  colonial 
nsv/spapers.* 

*  Some  of  the  colonial  newspapers  stjll  maintain  simDar  views.  The  St.  John  New  Brans- 
wicker  said,  in  August,  1852,  in  commenting  on  Mr.  Webster's  despatcli  or  "  proclamation,"^ 
that  '•  it  will  be  seen  that  Mr.  Webster  labors  usder  the  impression,  that  her  Majesty's  goveru- 
ment  are  about  to  enforce  the  convention  sti-ictly,  according  to  the  oj^inions  of  the  law  officers 
of  England.  We  beliere  that  such  is  not  the  case.  For  somt  years  vast  there  has  Iteaa  a  tacPS 
nndtistawlhig  that  American  fishing  vessels  should  only  be  excluded  from  tlx)se  hays^  or  inlets 
of  Ota-  cocsts  ichich  tare  less  than  six  miles  wide,  aad  within  which  American  vessels  conld  nofe 
fish  unless  within  three  miles  of  the  land,  either  on  the  one  side  or  the  other.  TSere  is  noS 
the  slightest  necessity  for  sti'aining  the  tenns  of  the  convention,  for  it  is  DOtoriovis  that 
American  fishing  vessels  pursue  everywhere  nea?  the  shores  of  these  proviaces,  withia  tiree 
miles  of  the  land,  where  only  in  the  autumn  they  get  the  best  fishiug ;  and  a;  is  to  prevcE*  this 
flagrant  and  acknowledged  breach  of  the  convention  that  the  present  movemeats  are  taking 
place." 

The  St.  John  News,  in  the  same  month,  disavawed  tlie  new  eoastractloa  of  the  eoaveatioQ 
ill  these  words : 

"  Now  all  this  tempest  in  a  tea-pot  amounts  to  jast  nothing  at  aH,  and  we  think  the  AmericaD 
press  will  find  out  before  a  very  great  while  that  they  have  beea  wasting  their  powder^  and 
getting  nothing  ia  retuni  but  pity  for  their  ignorassce.  They  will  leam  thaS  the  legislatures  of 
these  provinces  have  not  attempted  to  give  anewreadifig  to  the  treat}' — neither  has  Englaad; 
that  they  do  not  refuse  to  American  fi.siermen  the  privilege  of  taiiag  fish  in  the  Bay  of  Fimdy; 
whether  right  or  wrong,  is  another  thing. 

"All  that  we  intend  to  do  is  nothing  more  nor  less  Shan  we  have  be«B  doisg  for  t&e  las4 
thirty  years — and  that  is,  to  .seize  vessels  caught  within  three  miles  of  the  shore,  taking  fisb 
foiirrary  to  the  ti'eaty,  as  thoroughly  umhrstood  both  by  England  and  America,  and  also  hj  the 
fishermen  themselves.  Whenever  it  can  be  showa  that  an  American  vessel  has  been  'jaken 
outside  of  the  prescribed  limits,  then  It  will  be  tisiBe  enough  for  cm*  neighbors  to  gei  in  a 
pucker." 

A  newspaper  published  at  Charlottetown,  Prince  Edward  Island,  (also  is  August,  1852,)  m 
an  arricle  in  answer  to  the  question  "  Is  war  probable  ?"  advocates  the  policy  of  permittiag  the 
Americans  to  have  access  to  the  colonial  shores,  and  remarks  :  "  But  a  very  pretty  quarrel 
with  America  is  by  no  means  improbable,. «/  our  crui'sers  insist  on  cavturing  all  Yankee  fshk^ 


297 

The  second  instance  is  from  the  letters  ot  the  Hon.  G.  R.  Young  (a 
distinfTuished  gentleman  of  Nova  Scoti;t)  to  Mr.  Staulev.* 

"  As  early  as  the  month  of  March,"  wrote  IMr.  Yimng,  "  if  nny  strnnger 
approaclied  the  coasts  of  Nova  Scotia,  his  ol)scrvations  Avould  induce  him 
to  believe  that  he  Avas  advancing  to  the  territory  of  some  great  commer- 
cial state.  At  a  short  distance  from  the  shore,  and  on  the  banks  and 
most  productive  fishing  grounds,  he  would  perceive  fleets  or  continuous 
lines  of  small  shallops;  and  if  the  day  and  sensf)n  were  auspicious,  he 
would  discover  that  their  crews  were  busily  employed  in  drawing  forth 
tlie  treasures  of  the  deep.  Seeing  them  thus  ancliorcd  within  view,  nay, 
toithm  almost  the  shadoiv  of  the  shore,  and  employed  in  appropriating 
the  resources  which  would  appear  to  belong  to  it,  the  deduction  would  be 
irresistible  that  they  had  recently  lelt  the  neighboring  harbors,  and  were 
maimed  by  their  inhabitants.  He  would,  however,  be  in  error.  On 
inquiry  he  would  learn  that  they  have  come  a  distance  of  three  hundred 
miles,  to  avail  themselves  of  the  privilege — that  they  belonged  to  a  rival 
state,  and  that  they  enjoyed  the  right  by  virtue  of  a  treaty,  which  the  govern- 
ment have  bestowed  without  7iecessity  and  without  return.  He  would  learn,., 
also,  that  this  liberal  conccssio7i  was  highly  disadvantageous  to  the  inhab- 
itants on  the  coast  by  lessening  the  productiveness  of  the  fishing 
grounds." 

That  the  ministry  consented  to  act  on  the  opinion  of  the  Queen's  ad- 
vocate and  her  Majesty's  attorney  general,  with  much  reluctance,  is 
very  obvious.  The  first  proof  is  found  in  their  delay  in  transmitting  it 
to  the  colonial  governor  who  furnished  the  "case"  on  which  it  is 
founded.  In  the  despatch  which  accompanied  it  at  last.  Lord  Stanley 
remarks  that  "  the  subject  has  firequently  engaged  the  attention  of  my- 
self and  my  collegues,  with  the  view  of  adopting  further  measures,  if 
necessary,  for  the  protection  of  British  interests  in  accordance"  there- 
witli.  But  he  adds  :  "  We  have,  however,  on  full  consideration,  come 
to  the  conclusion,  as  regards  tlie  fisheries  of  Nova  Scotia,  that  the  pre- 
cautions taken  by  the  provincial  legislature  appear  ade(iuate  to  the 
purpose,  and  that  being  now  practically  acquiesced  in  by  the  Ameri- 
cans, no  further  measures  are  required."  The  opinion  thus  disposed  of 
in  Novendjer,  1S42,  was  suffered  to  rest  until  the  capture  of  the  Wash- 
ington and  the  Argus.  Mr.  Everett's  arrangement  in  1S45  was,  in 
effect,  an  abandonment  of  the  whole  matter. 

Seven  years  of  comparative  quiet  on  the  fishing  grounds  elapse,  and 
we  are  brought  to  the  exciting  events  of  1852. 

There  is  another  remarkable  circumstance  connected  with  this  con- 
troversy, which  sliould  not  escape  notice — namely,  that  New  Bruns- 

Tfisscls  nearer  tlie  shore  than  three  miles  outsuh  of  a  line  draw 7i  from  opposite  headlands  of  a  bay. 
Notiritlixtinidinri  the,  opinion  of  tin:  l',n<>lish  rroirn  lair  offirirs,  this  intrrprrtation  of  the.  tiriity  will 
Uiroir  tlir  iiri^uininl  entirclij  into  tin.  luinds  of  the  Aiiwricans.  It"  the  hoadlaiuls  Ix' low,  or  the 
buy  wide,  like  tlio  ciitranGe  to  tlie  IJiiy  ofClialciir,  ir  is  nor  ]»»s.sililt'  fm-  tlm  (islicriiicii  to  know, 
or  Xit  cstiinafe,  their  tnie  position  in  rerjanl  to  tliose  headlands.  The  horizonral  line  dC  vision, 
from  the  deck  of  u  schooner,  is  interce|)tcil  l>y  tlii^  convexity  of  the  earth  at  a  distance  of  six 
or  eii^'lit mill's.  It  is  not  to  he  concealed  that  a  cajilnre  made,  or  a  shot  (ircd,  nmler  these 
(jircumstanccs,  niiulit  producfi  war.  And  if  war  he  tlic  resnlt,  can  Hrittiin  ridy  on  the  hearty 
o<)-o|icratioii  of  the  |irovincials  ?  Kxcecdini;ly  doiihifMl.  Will  tlic  ("aiiadiims  snhniil  to  havo 
tlnur  noniisliini:  towns  and  villai;eK  destroyed,  and  their  families  Blatii;lirered,  in  order  to  pro- 
tect a  few  iinprohtahli!  (isheries  in  the  Gtilf  of  .St.  Lawreuce?" 
*  Now  the  Earl  of  Derby. 


298 

wick,  Price  Edward  Island,  and  Canada,  up  to  the  time  ot  tiie  Toronto 
agreement  in  1851,  remained  almost  passive  spectators  of  the  beUigerent 
attitude  of  tlieir  sister  colony  of  Nova  Scotia..  The  subject  of  "Ameri- 
can aggressions" — as  we  have  shown — has  been  one  of  profound  in- 
terest to  the  last  mentioned  dependency  of  the  crown  for  a  long  period. 
To  find  commiseration  neither  at  home  nor  abroad,  is  a  grievance  hard 
to  be  borne.  To  show,  year  after  year,  and  for  an  entire  generation,  in 
petitions  to  the  throne,  in  legislative  reports,  and  in  newspaper  essays, 
that  the  most  ruinous  consequences  had  resulted,  and  would  continue 
to  follow  the  permission  to  Americans  to  pass  through  the  Strait  of 
Canso,  and  to  fish  in  the  bays  of  British  America,  and  yet,  after  all,  to 
awaken  no  sympathy  on  the  part  of  fellow-colonists,  and  no  determined 
action  on  the  part  of  the  ministers  of  the  Queen,  is  a  misfortune  which 
even  the  aggressors  themselves  are  bound  to  appreciate. 

But  I  may  say  that  fishermen,  without  treaty  stipulations  to  favor 
and  protect  them,  have  sometimes  fared  far  better  than  it  is  possible 
for  ours  to  do,  if  the  views  of  the  crown  lawyers  are  carried  out  in 
tlieir  most  obvious  sense. 

The  fishermen  of  almost  every  civilized  nation  have  pursued  their 
business  either  on  implied  or  written  sanctions.  They  have  been  per- 
mitted to  follow  their  calHng  even  in  war.  The  hostile  relations  be- 
tween England  and  Holland — though  the  ocean  was  stained  with  the 
blood  of  the  subjects  of  each  for  several  generations — did  not,  except 
in  particular  cases  and  for  short  periods,  break  up  the  Dutch  fishery  on 
the  English  coast.  In  the  war  of  our  own  Revolution,  "rebels"  though 
we  were,  Berkeley,  of  the  Scarborough  frigate,  while  occupying  the 
Piscataqua,  allowed  the  fishermen  of  that  river  free  pass,  out  and  in  ; 
and  so,  too.  Admiral  Digby,  moved  with  compassion  for  the  sufferings 
of  the  people  of  Nantucket,  gave  them  written  permits  to  resume 
whaling;  and  the  fact  that  a  vessel*  thus  protected  b}^  his  humanity 
was  the  first  to  bear  our  new-born  flag  to  the  Thames,  and  to  draw 
out  all  London  to  see  it,  will  be  remembered,  perhaps,  when  the 
records  of  battles  shall  be  torn  and  scattered. 

Nor  did  the  war  of  1812,  with  all  the  desolation  and  bad  feeling 
which  it  caused,  form  an  exception  to  the  rule  so  commonly  observed. 
I  refer  for  instances  to  the  passports  of  Admiral  Hotham  to  the  people 
of  Nantucket;  to  the  permissions  granted  by  Sir  George  Collier  to  all 
fishing-boats  and  vessels  under  thirty  tons ;  and  to  the  ordinary  and 
almost  universal  practice  of  British  commanders  along  our  coast,  of 
allowing  the  taking  offish  to  be  carried  to  our  towns  and  cities,  and  to 
be  consumed  fresh.  And  yet,  our  public  and  private  armed  ships,  as 
these  very  officers  knew,  were  manned  in  a  good  measure  by  the  class 
of  men  to  whom  these  indulgences  were  granted.  How  many  in  the 
same  service  with  Digby,  Hotham,  and  Collier  are  there  now  in  com- 
mission, who  will  "crowd  sail  alow  and  aloft"  to  hunt  up  and  drive 
out  such  of  our  fishermen  as  shall  continue  to  visit  the  "bays"  inter- 

*Her  arrival  was  announced  in  Parliament.  Mr.  Hammet  said  lie  ''begged  leave  to  in- 
iovm  the  House  of  a  very  recent  and  extraordinary  occurrence."  After  stating  the  name — 
" the  Bedford,  Moores,  master" — he  adds,  she  " wears  the  rebel  colors,  and  belongs  to  the 
Maud  of  Nantucket,  in  Massachusetts." 


299 

dieted  in  consequence  of  colonial  importunities  and  representations,  by 
the  present  prime  minister  of  England,  while  holding  the  ofhce  of  Sec- 
retary for  the  Colonies  V 

In  the  course  of  frequent  researches  among  state  papers,  I  do  not 
remember  to  have  seen  a  public  document  of  such  a  singular  character 
as  his  lor(lshi]>'s  despatch  to  Lord  Falkland.  The  American  people 
are  distinctly  told  in  it  that  colonial  interference  has  alone  prevented 
the  home  government  from  executing  a  determination  already  formed, 
to  put  an  end  to  all  difficulties  on  the  fishing  grounds  within  British 
jurisdiction.  How  often  has  it  happened  that  an  English  statesman, 
while  assuming  the  political  responsibility  of  an  act,  has  cast  the  moral 
responsibility  of  it  upon  the  subjects  under  his  special  care?  When 
has  a  secretary  for  the  colonies  mad(;  known  to  the  world  that  the 
representations  of  colonists  have  set  aside  the  "intentions"  of  the  cabi- 
net ministers  of  the  crown  ?  I  do  not  ask  how  often  colonial  remon- 
strances have  actually  prevailed  wdth  the  ministry;  but  how  fi-equently 
has  colonial  opposition  to  a  course  of  policy  been  avowed  by  ministers 
fL6  their  reason  for  a  change  of  purpose '?  The  common  l()rm  of  an- 
nouncing a  cabinet  decision  is  not  that  employed  by  Lord  Stanley,  in 
his  despatch  of  March  30th  to  Sir  William  Colebrooke;*  still  that  de- 
cision was  deemed  honorable  and  liberal.  The  motive  there  stated  for 
opening  the  Bay  of  Fundy  is,  "^Ae  removal  of  a  fertile  source  of  disagree- 
ment'''' between  the  United  States  and  Great  Britain.  But  in  the  des- 
patch to  Lord  Falkland,  of  September  17th,  though  the  same  induce- 
ments existed  in  full  force  for  her  Majesty's  government  to  execute  the 
"intention"  of  opening  the  other  "bays"  to  our  fishermen  in  order  to 
perfect  and  perpetuate  harmonious  feeling,  yet  that  "intention  was 
abandoned"  on  account  of  Lord  Falkland's  "statements." 

This  despatch  has  been  once  quoted;  but  since  it  should  be  con- 
tinually kept  in  view,  it  may  be  cited  again : 

"DowNiXG  Street,  Septcmher  17,  1845. 
"My  Lord:     *****     fj^j-  Majesty's  government  have  at- 
tentively considered  the  representations  contained  in  your  despatches, 
Nos.  324:  and  331,  of  the  17th  June  and  the  2d  July,  respecting  the 

*  Tliis  (locuinent  lias  not  been  previously  inserted.  It  bears  date  March  30,  ]R45,  and  is 
a^ldressfil  to  Sir  Williiuii  Colebrooks,  lieutenant  {.'ovenior  of  New  Brunswick.  It  was  tlie 
first  official  aiinimciafion  to  flic  j)cople  of  that  colony  of  the  arrangement  with  Mr.  Everett. 
Tlie  colonial  iicws[ia|i<'rs  coninicntcd  u]ion  the  course  of  the  ministry  in  terms  of  great  se- 
verity, directly,  and  lor  some  time  after  its  publication. 

"Sir:  I  have  the  honor  to  acijuaint  3'oti,  for  your  infomiat ion  and  guidance,  that  her  Mjv- 
jc*ity'«  government  have  had  under  tiieir  consideration  the  claim  of  citizens  of  the  United 
States  to  fish  in  the  l?;iy  <d"  Fundy— a  claim  which  has  hitherto  been  resisted  on  the  ground  that 
tiiut  bay  is  included  within  the  British  possessions. 

"  Ilcr  Majesty's  government  fc(d  satisfied  tiiat  the  Bay  of  Fundy  has  been  rightly  claimed  by 
Great  Britain  as  a  iiay  within  the  treaty  of  IHIH;  but  they  conceiv)^  that  th<!  rela.xafion  of  tli<o 
exercise  of  that  rii,'ht  would  be  attendt-d  with  mutual  ailvantage  to  both  countries:  to  the 
ITiiited  States  as  conferring  a  material  benefit  on  tiieir  fishing  trade,  and  to  (ireat  Britain  and 
tiie  I'nitetl  States  conjointly  and  e(|iia!]y  by  the  removal  of  a  fertile  source  of  di-i;icreemcnt; 
between  ihem.  Il  has  aecordiiiyly  lieeii  aiiiioMiiccd  (o  the  I'nifed  Stales  i,'overniiieiit  tluU; 
American  citizens  wdubl  henceforward  be  allowed  lo  fisii  in  any  part  of'ibi-  I!ay  of  i-'midy,  pro- 
vided they  do  not  a|iiiroaeh,  excejit  ill  the  case^^  specified  in  the  treaty  <il'  i'^I"',  witliin  thrc« 
miles  of  the  entrance  of  any  bay  on  tlie  coast  of  Nova  Scotia  or  New  Brunswick. 

have,  &c., 

"STMLEY." 


300 

policy  of  granting  permission  to  the  fisheries  of  the  United  States  to  fish 
in  the  Bay  of  Chaleur,  and  other  hirge  bays  of  a  similar  character  on 
tlie  coast  of  New  Brunswick  and  Nova  Scotia;  and,  apprehending  from 
your  statements  that  any  such  general  concession  would  be  injurious  to 
the  interests  of  the  British  North  American  provinces,  we  have  aban- 
doned the  intention  we  entertained  upon  the  subject,  and  still  adhere  to 
the  strict  letter  of  the  treaties  which  exist  between  Great  Britain  and 
the  United  States,  relative  to  the  fisheries  in  North  America,  except  so 
far  as  they  may  relate  to  the  Bay  of  Fundy,  which  has  been  thrown 
open  to  the  North  Americans  under  certain  restrictions." 

There  are  fish  enough  in  the  American  seas  for  all  who  speak  the 
Saxon  tongue — for  all  of  the  Saxon  stock.  England,  we  may  hope, 
will  not  maintain  a  position  so  likely  to  produce  troubles  like  those  of 
olden  time  which  existed  between  us,  as  colonists,  and  the  French, 
and  of  which  I  have  elsewhere  spoken.  Fishermen  are  but  poor 
interpreters  of  international  law  and  of  unreal  and  fictitious  distinc- 
tions. To  them,  the  open  sea,  the  great  "bays,!'  are  but  one — but  a 
continuous  fishing  ground ;  and  few  of  them,  I  apprehend,  will  ever 
see  or  respect  the  lines  which  colonial  ingenuity  has  "drawn  from 
headland  to  headland"  of  these  "bays." 

I  conclude  the  topic  with  expressing  the  conviction — to  which  all 
practical  men  will  assent — that,  if  the  new  construction  of  the  conven- 
tion of  181S  be  persisted  in  and  actually  enforced,  we  shall  lose  quite 
one-third  of  our  cod  and  mackerel  fisheries.  Let  not  our  colonial 
brethren  press  us  too  far.  Self-conquest  is  the  noblest  of  all  victories ; 
and,  in  all  kindness,  let  them  be  urged  to  subdue  their  hatred  of  "the 
Yankees."  The  children  of  the  whigs  of  a  former  day  demand  free 
access  to  all  the  seas  of  British  America.  They  require  the  use  of 
every  sheet  of  sea-water  six  miles  wide  all  around  the  colonial  coasts — 
not  by  courtesy,  but  as  a  matter  of  right;  and  they  will  be  satisfied 
with  nothing  less.  The  attempt  to  exclude  them  has  already  caused 
much  unneighborly  feeling,  and,  if  continued,  will  occasion  wrangling 
and  quarrelling  on  the  fishing  grounds.  The  end,  no  one  is  wise 
enough  to  foresee. 

The  colonists  have  toiled  a  whole  veneration  to  move  the  British 
government  to  "protect  them  from  the  aggressions  of  the  Americans." 
They  have  apparently,  and  for  the  moment,  accomplished  their  object. 
But  will  they  themselves  catch  a  fish  the  more,  or  become  a  single 
guinea  the  richer,  in  consequence  of  the  opinion  of  the  crown  lawyers 
and  of  Lord  Stanley's  two  despatches?  They  have  achieved  a  state- 
paper  victory,  at  the  expense  of  right  and  of  humanity.  Some  of. our 
countrymen  have  neither  the  money  nor  the  credit  to  procure  and  fit 
out  the  class  of  vessels  required  in  the  Newfoundland  and  Labrador 
fisheries,  and  are  compelled  by  the  necessities  of  their  position  and 
condidon  to  resort,  in  the  smaller  craft,  to  the  coasts  of  New  Brunswick 
and  Nova  Scotia  to  earn  subsistence.  Exclusion  to  such,  is  a  great 
wrong.  Nay,  it  is  a  wrong  to  colonists  themselves,  and  to  hungry  and 
starving  women  and  cliildren,  whom  they  always  meet  on  particular 
parts  of  the  colonial  coasts  when  making  their  "spring  fare,"  and 
whose  necessities  they  seldom  refuse  to  relieve,  even  to  then"  own 


301 

(leprlvntion.  The  fact  is  not  to  be  disputed.  Nor  is  this  rdl.  Our 
fishermen  are  often  of  service  in  other  respects.  I  have  room  for  but 
a  single  instance.  In  a  gale,  in  1845,  at  Shippigan* — wiihin  one  of 
the  interdicted  "bays,"  be  it  remembered — upwards  of  one  hundred 
British  fishermen,  exposed  to  the  fury  of  the  storm  in  open  boats,  were 
preserved  fi-om  death  ])y  the  courage  and  exertions  of  the  Americans 
tliere,  who  were  fishing  in  decked  vessels. 

The  act  of  Nova  Scoiia,  passed  in  1S3G,  claims  our  attention.  Under 
this  law  an  American  vessel  "preparing  to  fish"  within  three  miles  of 
tlie  coast  is  liable  to  be  fbi'feitcd;  the  owner  or  chiimaiit  of  siicli  vessd,  in 
case  of  seizure  for  an  alleged  violation  oftJtis  or  of  airy  otlar  provi^fion  of  the 
lair,  is  rerjuired  to  shoic  that  (h(re  ivas  no  ground  of  seizure  or  to  fay  treble 
costs;  the  owner  or  claimant  is  also  compelled  to  appeal  from  the 
seizing  officer  to  the  admiralty  court,  and  try  his  action  there  within 
tlirce  months,  or  to  lose  all  remedy;  the  owner  or  claimant  is  compelled 
to  give  one  month's  notice  of  his  intention  to  contest  the  legality  of  the 
seizure,  and  to  embody  in  such  notice  every  fact  and  circumstance  on 
which  he  means  to  rely  to  prove  the  seizure  without  good  cause,  and 
to  shoAv,  before  trial,  that  the  seizing  officer  has  been  notified  in  lorm, 
and  within  the  time  prescribed.  The  seizing  officer,  on  the  other  hand, 
ma\'  inflict  the  most  wanton  injury,  and  escape  unharmed.  The  ]  3th 
section  provides,  "  that  in  case  any  information  or  suit  shall  be  brought 
to  trial  on  account  of  any  seizure  made  under  this  act,  and  a  verdict 
shall  be  found  for  the  claimant  thereof,  and  the  judge  or  court  before 
whom  the  cause  shall  have  been  tried  shall  certify  on  the  record  that 
there  was  probable  cause  of  seizure,  the  claimant  shall  not  be  entitled 
to  any  costs  of  suit,  nor  shall  the  person  who  made  such  seizure  be 

*  This  gale  was  on  the  18th  of  July.  Tlic  Miramichi  Gleaner,  of  Auirust  9,  thus  spoke  of 
it  and  of  the  unknown  hnnirnu!  AuuM'ican  captains:  "On  tlie  I8tli  ultimo  tliis  i)laco  was  visited 
with  one  of  the  most  fearful  irales  ever  reniemhereil  by  tlnj  oldest  fisherman.  On  the  moniing 
(>f  that  day  the  wind  blew  liirhtly  from  the  southwest,  and  the  appearance  of  the  day  so  fine 
that  every  boat  belongin;i:  to  Sliippigan,  Carra(iuet,  and  Miscow,  put  off  for  the  fishini;  grounds, 
with  every  prospect  of  a  fine  catch.  Up  to  this  time  not  a  cloud  was  to  be  seen,  and  the 
korizon  gave  no  hidication  of  an  approaching  storm,  when  about  10  a.  m.  the  wind  veered 
round  to  the  northwest  and  blew  a  perfect  hurricane.  The  violence  of  the  wind  carried  every- 
tliing  before  it;  schooners,  boats,  and  ftats  were  upset  and  driven  on  shore.  Amongst  the 
boats  which  had  proceeded  to  sea,  fear  and  constenintion  i>revailed.  They  had  no  alrernative 
but  to  weigh  anelior  an<l  be  driven  before  it  off  the  laud;  the  sea  was  running  mountains-liigh, 
and  as,  from  the  violence  of  the  wind,  they  were  unable  to  carry  sail,  every  succi-eding 
Sea  threatened  to  enguli>h  their  tiny  barks.  ISy  this  tinu'  they  had  lost  sigiit  of  huid,  when, 
fortnnat^dy,  some  Americm  schooners,  fishing  for  mackerel  on  the  liradiile  and  Orphan 
banks,  hove  in  sight,  and,  on  seeing  the  perilous  situation  of  the  boats,  tliese  humane  men 
immediately  got  imder  weigh  and  stood  towards  them.  As  the  gale  was  increasinir.  and  the 
schooners  considerably  to  leeward,  they  signalled  them  to  bear  down,  and  by  skill  and  good 
seamanship  ha])pily  rescued  every  8f)ul  on  board,  and  made  iiist  as  many  as  possible  to  the 
Sfiiooners,  and  directed  their  men  to  anchor  the  renminder  on  flu;  baidts  and  leave  them  to 
tlieir  fitfs.  By  this  noble  act  eveiy  soid,  amouiitingro  one  hundred,  was  saved.  On  Saturday, 
after  the  violence  of  the  gale  had  somewhat  subside(l,  the  schooners  stood  in  for  the  sliore  and 
landed  the  men  and  boats  in  safety.  A  small  vessel  was  inunedialely  prociu'ed  and  di-spatched 
in  Sf-arch  of  the  boats  which  had  been  left  at  anchor  on  the  bank  at  Miseoii  island,  (twelve  in 
number,)  and,  strange  to  say,  found  them  all  safe.  As  some  of  the  nu'n  had  lost  their  (dothes, 
the  American  captain.^  generously  distributed  a  quantity  id' wearing  apparel  ainoni;st  them. 

"  One,  of  the  strant'e  captains  rejjorts,  that  at  the  connnencenu'iit  of  the  gale  he  perceive<i 
several  boats  laboring  heavily,  ami  bore  up  to  render  some  assistance,  but  as  they  <lissai)]teare<i 
Puddeidy  it  is  feared  they  have  all  gone  down:  it  is  sujiposed  they  Ixdonued  to  the  Canada  side. 
It  is  min-h  to  be  reijretted  that  neither  the  names  of  the  schytmers  nor  of  the  captains  arckuowu 
here,  in  order  thtil  they  may  be  publicly  thanked. 


302 

liable  to  any  action,  indictment,  or  other  suit  or  prosecution,  on  account 
of  such  seizure  ;  and  if  any  action,  indictment,  or  other  suit  or  prosecu- 
tion, shall  be  brought  to  trial  against  any  person  on  account  of  such 
seizure,  wherein  a  verdict  shall  be  given  against  the  defendant,  the 
plaintiff,  besides  the  thing  seized,  or  the  value  thereof,  shall  be  entitled 
to  no  more  than  twopence  damnges,  nor  to  any  costs  of  suit,  nor  shall 
the  defendant  in  such  prosecution  be  fined  more  than  one  shilling." 
No  American  citizen  can  speak  of  this  infamous  law  with  calmness. 
Well  did  Mr.  Forsyth*  say  that  some  of  its  provisions  were  "violations 
of  well-established  principles  of  the  common  law  of  England  and  of 
the  principles  of  all  just  powers  and  all  civilized  nations,  and  seemed 
to  be  expressly  designed  to  enable  her  Majesty's  authorities,  with 
perfect  impunity,  to  seize  and  confiscate  American  vessels,  and  to  em- 
bezzle, almost  indiscriminately,  the  property  of  our  citizens  employed 
in  the  fisheries  on  the  coasts  of  the  British  possessions."  Well,  too, 
did  Mr.  Everett t  stigmatize  it  as  possessing  "none  of  the  qualities  of 
the  law^  of  civilized  States  but  its  forms;"  and  Mr.  Davis,  |  as  being  "a 
law  of  a  shameful  character,"  and  "evidently  designed  to  legahze 
marauding  upon  an  industrious,  enterprising  class  of  men.  who  have  no 
means  to  contend  with  such  sharp  and  unwarrantable  weapons  of  war- 
fare." 

These  are  strong  expressions;  but  they  were  uttered  by  gentlemen 
who  measure  their  words,  and  are  entirely  true.  Nay,  more;  fori 
shall  presume  to  add  that  the  politicians  of  Nova  Scotia  remind  us  of 
the  theory  of  Hobbes,  who  maintained  that  the  natural  state  of  man  is 
a  state  of  war  against  all ;  since  these  very  loyal  gentlemen  are  in  con- 
tinual dispute  with  one  another,  with  the  government  of  the  mother 
country,  with  British  subjects  in  other  colonies,  and  with  the  people  of 
the  United  States.  In  fact,  these  persons,  in  their  various  contests, 
have  succeeded  in  making  Nova  Scotia  the  Barbary  power  of  this  hem- 
isphere. It  was  contended  in  England,  as  late  as  the  opening  of  the 
present  century,  that  the  capture  and  sale  of  an  English  ship  by  Al- 
gerines  was  a  piratical  seizure.  I  am  disposed  to  regard  the  proceed- 
ings against  American  fishing  vessels,  under  the  authority  derived  from 
the  act  of  1836,  as  open  to  the  same  objection.  When,  in  1824,  young 
Howard  and  his  associates  rescued  the  Ruby  and  the  Reindeer  from 
the  possession  of  the  captors,  the  British  government — as  we  have  seen — 
made  formal  and  repeated  demands  for  reparation ;  but  it  may  be  diffi- 
cult to  show  what  other  or  greater  right  to  interpret  the  convention  of 
ISIS  can  possibly  belong  to  a  British  colony  than  was  exercised  by 
this  party  of  American  youth.  If  Nova  Scotia  may  lawfully  interfere 
with,  and  legislate  upon,  a  matter  which  is  entirely  national,  so  may 
Massachusetts  and  Maine.  That  colony  is  but  a  dependency  of  the 
British  crown ;  the  colonial  armed  cutters  are  mere  corsairs,  and  their 
seizures  of  our  property  are  acts  of  piracy.  The  sea-robbers  hold  our 
vessels  at  their  mercy.  The  act  of  1836  places  them  above  respon- 
sibility, and  screens  them  from  punishment.     The  term  "jweparw?^  to 

*  Despatch  to  Mr.  Stevenson,  February  20,  1841. 

t  Letter  to  Lord  Aberdeen,  April  2,  1845. 

X  Letter  of  Hon.  John  Davis  to  the  fishermen  of  Massachusetts,  September  1, 1852. 


I 


303 

Jlsh,^^  allows  them  to  seize  our  vessels  under  every  Imaginable  pretence. 
The  rep;iiring  of  damages  to  sails,  rigging,  and  boats;  the  arranging 
or  reeling  of"  lines;  the  preparation  of  bait;  the  eating  of  food;  the 
mending  of  garments,  are  allj^rohlblled — for  all  are  performed  wiih  ref- 
erence to  the  main  objects  of  the  voyage.  An  American  vessel,  when 
within  three  miles  of  the  coast,  or  when  in  a  harbor  for  shelter,  cannot 
escape  seizure,  if  the  colonial  cutters  enforce  the  law;  for  it  is  olivious 
tliat  everything  done  on  board  may  be  embraced  in  the  comprehensive 
words — "preparing  to  lish."  The  act  is  a  flagrant  violation  of  the 
convention,  which  restricts  us  in  certain  particulars,  when  within  three 
marine  miles  of  the  colonial  shores;  but  "preparing  to  fish"  is  not 
among  thcMutcrdictions.  Th(^  convention  provides,  "  That  the  Amer- 
ican fishermen  shall  be  admitted  to  enter  such  bays  or  harbors  for  the 
purpose  of  shelter,  and  of  repairing  damages  therein,  of  purchasing 
wood  and  of  obtaining  water,  and  for  no  other  purpose  whatever;  but 
they  shall  be  under  such  restrictions  as  may  be  necessary  to  prevent 
their  taking,  drying,  or  curing  fish  therein,  or  in  any  other  manner  what- 
ever abusing  the  privileges  reserved  to  them."  What,  then,  is  the 
common  sense  construction  of  these  words?  I  reply,  that  a  fishing 
vessel  at  home,  secured  at  her  owner's  wharf,  is  said  to  be  "preparing 
to  fish,"  when,  among  other  things,  her  crew  are  "repairing"  her,  and 
are  taking  in  "wood"  and  "water;"  and  that  a  repetition  of  these  acts, 
when  in  a  colonial  harbor,  constitutes  the  same  preparation.  If  this 
interpretation  is  just,  it  follows  that  while  our  vessels  cannot  take,  dry, 
or  cure  fish  within  the  colonial  harbors,  or  within  three  miles  of  certain 
colonial  coasts,  they  can  p-ejjdre  to  do  one  and  all,  whenever  necessity 
arises;  responsible  only  for  ^^ahus'ing  the  privileges  reserved  to  them." 

The  absurdity,  the  inhumanity,  of  the  pretensions  set  up  by  Nova 
Scotia,  can  be  shown  by  the  report  of  one  of  her  own  officers.  "  I 
have  seen,"  says  Paul  Orowell,*  (February,  1852,)  "  instances  where 
American  vessels  had  been  fishing  the  whole  of  the  day,  and  towards 
evening,  a  gale  springing  up,  they  were  forced  to  run  for  a  harbor  with 
fifty  or  sixty  barrels  of  fresh  mackenel  on  deck ;  and  if  salting  those 
fish  is  understood  curing  fish — which  I  think  is  the  only  way  in  which 
mackerel  can  be  cured — under  tliose  clicumstances  these  people  must 
cast  their  fish  into  the  sea  again,  or  run  the  risk  of  having  the  vessel 
and  cargo  seized." 

And  again  :  "When  cruising  in  tlie  schooner  Telegraph,  last  fall,  being 
in  Little  Canso,  an  American  vessel  lay  near.  Observing  the  men 
busily  (employed  on  deck,  I  manned  my  boat  and  boarded  her;  I 
found  ihem  employed  grinding  bait  for  mackerel.  The  captain  ap- 
peared (juite  innocent,  and  said  he  had  been  so  careful  that  he  had  not 
taken  a  lol)ster  while  in  the  harbor.  This  might  be  understood  'pre- 
paring to  fish.'  " 

This  gfntlcman,  to  his  honor,  refused  to  seize  the  vessels  to  wliich 
he  refers;  but,  under  the  new  construction  of  th(^  convention,  they 
were  all  prizes.  He  states  truly,  that  mackerel  cauglit  on  the  ev(^  of 
a  gale,  and  not  dressed  and  salted  at  sea  at  the  peril  of  human  life, 
cannot  l)e  "saved"  in  a  colonial  harbor  resorted  to  for  shelter,  without 

•  Tho  Crowells  of  Cape  Cod  uro  of  the  saiuo  liuoiige. 


304 

snvolving  the  loss  of  vessel  and  cargo ;  and  that  confiscation  also  awaits 
those  who,  in  the  same  barbarous  precincts,  presume  to  use  a  bait- 
mill!  The  degree  of  civilization  in  colonial  legislation  is  wondertul, 
and  without  a  parallel,  except  in  Tunis  or  Tripoli.* 

As  the  concluding  topic,  we  pass  to  examine  into  the  causes  of  the 
seizure  of  our  vessels,  by  ships  of  the  crown  and  by  the  colonial  cutters, 
for  allea^ed  "  acjcjressions." 

Chronological  order  is  not  material  to  the  inquiry,  and  will  be  dis- 
regarded. In  many  cases  we  have  the  seizing  officer's  own  account. 
Thus  says  one : 

*'  I  found  the  said  American  schooner  Rebecca  at  anchor,  cleaning 
fish  and  throwing  the  offiil  overboard.  It  being  fine  weather,  and  they 
having  three  barrels  of  water  on  board,  with  a  sufficient  quantity  of 
wood,  I  detained  her,  and  took  her  to  St.  John." 

Again,  reports  the  same  officer  to  his  superior  : 

"  I  found  the  American  fishing  schooner  William  anchoring  in  Gull 
cove ;  the  weather  was  fine  until  after  she  got  in,  when  it  came  on 
foggy,  with  light  breezes ;  and  they  having  two  barrels  of  water  on 
board,  which  myself,  Mr.  Tongeau,  and  boat's  crew  subsequently  used 
from,  and  plenty  of  wood,  I  detained  her." 

Still  again : 

"  I  received  information  from  the  fishermen  at  Gull  cove,  as  well  as 
from  the  master  and  crew  of  the  fishing  schooner  Minerva,  of  Grand 
Menan,  that  an  American  schooner  was  at  anchor  at  Beal's  passage. 
I  went  out  from  Gull  cove,  and  saw  her  there ;  at  nine  o'clock  in  the 
evening  I  boarded  her,  which  proved  to  be  the  American  fishing 
schooner  Galeon,  and  found  all  the  crew  asleep.  On  questioning  the 
master  the  reason  of  his  being  there,  he  told  me  he  had  come  to  throw 
the  gurry  (offid  of  the  fish)  overboard.  They  not  being  in  want  of  wood 
or  water,  and  a  fine  fair  wind  for  them,  I  detained  her,  got  her  under 
weigh,  and  ran  for  Gull  cove,  a  direct  course  for  their  fishing  ground. 
What  the  crew  of  the  last  mentioned  vessel  asserted  in  their  protest  is 
not  true.  I  never  said  that  I  would  release  their  vessel,  but  told  them 
that  it  was  not  in  my  power  to. do  it,  as  they  had  decidedly  violated 
the  treat}^  of  convention  between  England  and  the  United  States  ;  but  as 
they  pleaded  povert3r,  saying  their  vessel  was  their  sole  support,  I  told 
them  I  would  recommend  their  case  to  Captain  Hoare,  of  the  Dotterel, 
my  commanding  officer." 

The  schooner  Battelle  was  seized  for  setting  nets  in  a  harbor,  and  for 

*  As  an  mstance  of  the  falsehoods  resorted  to  in  Nova  Scotia  to  inflame  the  minds  of  the 
colonial  fishermen,  I  cite  the  following  paragraph  which  appeared  in  a  HttJifax  paper  i]i  1845: 

"  Mackerel  fisltenj. — About  fom*  huudred  vessels  engaged  in  the  mackerel  fishery  (from  the 
coast  of  Nova  Scotia  aud  Cape  Breton)  arrived  at  the  port  of  Gloucester  (United  States)  on 
Smiday,  Septeusber  27.  Their  cargoes  averaged  one  hundred  barrels.  Thus  this  fleet  had 
upwards  of  forty  thousand  barrels  of  fish — pretty  pickings  enough !  The  whole  catch  of  our 
provincial  fishermen  will  not  exceed  ten  thousand  barrels." 

There  is  one  other  "  fish  story''  equal  to  this,  namely:  Some  six  hundred  j-ears  ago,  a  woman- 
fish  direct  from  the  ocean  made  her  appearance  among  the  fishermen  of  Holland,  with  whom 
she  lived  awhile  in  great  amity  ;  but  desiring  finally  to  see  her  children,  she  took  affectionate 
ieave  of  the  kind  Dutchmen,  and  returned  to  her  old  home  in  the  sea,  where,  for  aught  that 
appears  in  history,  she  is  alive  at  this  day.  The  skippers  above  mentioned  reported  falling  in 
with  her  on  the  "  coast  of  Nova  Scotia  and  Cape  Bretou"  iu  1845,  but  the  veracious  llaliliix 
editor  suppresses  the  importaat  fact. 


I 


305 

this  ofience  was  conrlpmncd  ;  the  Hero  was  seized  because  one  of  her 
crew  dressed  some  fish  on  shore ;  the  Hyder  Ally  was  seized  and  con- 
demned tor  using  nets  within  three  miles  of  the  coast ;  the  capture  of 
the  Madison  was  solely  upon  the  suspicion  that  her  master  had  been 
engaged  previously  in  an  aflray  with  the  boat  of  a  British  man-of-war. 

^Ir.  Towneau,  a  midshij)man  of  ihe  Dotterel,  in  his  examination, 
irives  the  following  account  of  the  seizure  of  tiie  schooners  Reindeer  and 
Ruby: 

"i  recollect  while  in  Gull  cove  of  having  received  information  on  a 
Sunday,  from  some  men  and  a  Mr.  Franklin,  that  several  American 
fishing  vessels  were  at  anchor  in  White  Head  harbor,  and  that  they 
anchored  there  the  evening  before;  that  on  their  anchoring  one  of  them 
fired  three  muskets,  and  said  they  were  armed  and  manned  and  would 
oppose  our  boarding  them.  I  acquainted  Mr.  Jones  with  the  informa- 
tion I  had  received,  who  went  immediately  in  the  small  boat  to  cruise, 
and  returned  in  the  evening.  He  told  me  that  he  had  boarded  an  Eng- 
lish fishing  schooner  (Industry)  near  While  Head,  who  gave  him  in- 
f)rmation  that  several  American  schooners  were  at  anchor  at  Two 
Island  harbor,  and  that  they  got  their  wood  and  water  at  White  Head. 
They  fired  several  muskets  on  their  anchoring,  and  told  the  crew  of 
the  Industry  they  would  not  allow  a  man-of-war's  boat  to  board  them; 
and  after  the}-  completed  their  wood  and  water,  they  shifted  to  Two 
Island  harbor.  We  got  the  yawl  under  weigh  about  nine  o'clock  in 
the  evening  and  went  towards  Two  Island  harbor,  and  anchored  about 
two  o'clock  in  the  morning.  At  da3'light  we  observed  several  vessels 
at  anchor  at  Two  Island  harbor,  and  shortly  after  got  under  weigh, 
when  we  chased  them.  Observed  three  of  them  lashed  together,  and 
all  the  crews  collected  on  board  the  middle  one.  We  ordered  them  to 
separate,  which  at  first  they  refused  to  do,  until  Mr.  Jones  threatened 
to  fire  on  them.  They  dropped  clear  of  each  other.  We  boarded 
them,  and  detained  the  American  schooners  Reindeer  and  Ruby." 

These  vessels  were  rescued,  as  has  been  related,  oil"  Eastport.  Mr. 
Jones,  the  prize-master,  in  his  report  of  the  affray,  states  that — 

"It  being  fine  weather,  and  they  not  being  in  want  of  wood  or  water, 
I  detained  the  Reindeer  and  Ruby,  and  put  their  men,  with  the  excep- 
tion of  the  masters,  on  board  the  two  American  schooners,  with  provis- 
ions for  a  passage  to  Lubec,  and  made  sail  in  the  Reindeer  and  Ruby 
for  St.  Andrew's,  through  East  Quoddy.  About  C  p.  m.,  when  abreast 
of  harbor  De  Lute,  I  observed  two  schoonc.-rs,  and  an  open  boat  full  of 
armed  men,  muskets  and  fixed  bayonets,  hoisting  American  colors;  one 
of  them  went  aloiiL'^^ide  Mr.  Towneau,  in  the  Rubv,  boarded,  and  took 
the  arms  from  him  and  his  three  men:  the  one  abreast  of" me  was  kept 
off"  for  about  a  quarter  of  an  hour,  when  they  commenced  firing  into 
us.  Th(jugh  with  great  reluctance,  I  thought  it  most  prudent  to  sur- 
render to  such  superior  force,  having  but  K^ur  men,  one  musket,  and 
three  cutlasses. 

"On  delivering  them  up,  I  f)und  there  were  in  the  two  schooners 
about  a  hundred  armed   men,  (including  the  crews  of  tlie  scii<K)ners, 
about  thirty  in  number.^  the  rest  having  the  appearance  of  militiamen,. 
20 


306 

and  headed  by  a  Mr.  Howard,  of  Eastport,  said  to  be  captain  in  the 
United  States  militia."* 

The  Magnoha  was  charged  with  fishing  while  at  anchor  in  a  harbor, 
but  the  master  averred  that  he  caught.no  fish  within  fifteen  miles  of  the 
coast ;  that  he  went  into  the  harbor  for  shelter,  and  for  wood  and  water; 
and  that  his  only  offence  consisted  in  the  purchase  of  a  barrel  of  her- 
rings for  bait.     The  Magnolia  was,  however,  condemned. 

The  Independence,  on  her  way  from  the  fishing  ground  to  a  colonial 
port  to  get  a  compass  repaired,  and  to  procure  water,  encountered  a 
gale  which  required  her  to  put  into  on  intermediate  harbor,  where  she 
lent  her  nets,  lor  a  single  night,  to  a  British  fisherman,  and  was  seized 
and  confiscated. 

The  master  of  the  Shetland,  importuned  by  a  lad,  sold  him  a  pair 
of  trousers,  one  pound  of  tea,  and  six  or  eight  pounds  of  tobacco,  for 
which  he  received  four  dollars.  The  seizing  officer  himself  confessed  to 
the  American  consul  at  Halifax  that  he  gave  the  boy  the  money  to  in- 
duce the  master  to  sell  the  articles  mentioned.  The  Shetland  "escaped 
condemnation,"  says  the  consul,  "by  the  merest  accident;"  she  was 
released  on  payment  of  about  six  hundred  dollars  expenses. 

The  complaint  against  the  Amazon  was  for  selling  goods  on  the 
coast.  The  charge  was  denied,  and  was  not  proved.  She  was  restored 
on  payment  of  $138  88,  as  follows: 

Captain  Taylor,  master  of  the  schooner  Amazon, 

To  Duncan  McMillan,         Dr. 

1839.  To  sundry  attendance  on  said  vessel £2\  10  0 

James  Turnbull's  fees 1  3  4 

Mr.  John  Bullam's  charges  for  wharfage,  storage,  &c.        7  111 

Lauchlin  McLean's  bill  for  watcliing  vessel 3  10  0 


34  14  5 


Captain  Taylor  deposed  before  the  American  consul  at  Pictou,  that 
bein"^  reduced  to  the  alternative  of"  paying  this  enormous  demand,  or 
el  "leaving  his  vessel  in  the  hands  of  said  McMillan,  chose  the  for- 
mer, and  gave  a  draft  on  his  owners  for  the  amount;  on  which  his  ves- 
sel and  stores  were  defivered  to  him  by  said  McMillan,  with  the  ex- 
ception of  a  rifle  and  a  musket,  which  the  said  officer  took  possession 
of,  because  "he  thought  they  would  get  rusty  on  board  the  vessel,  and 
he  would  take  care  of  them ;  and  they  were  not  returned,  *  *  al- 
though he  demanded  them  from  said  McMillan.  *  *  *  That 
the  said  vessel  was  detained  in  the  possession  of  the  said  officer  from 
the  7th  day  of  July  last  until  the  21st  day  of  the  present  month,  be- 
ing forty-five  days,  which  detention  has  ruined  his  voyage,  deprived 
the  owner  of  the  power  of  procuring  the  bounty  for  the  vessel  for  this 
season,  and,  together  with  the  other  heavy  expenses  incurred,  *  * 
the  whole  loss  to  the  owners  and  crew  of  the  said  vessel,  in  consequence 
of  such  seizure,  cannot  amount  to  less  than  from  two  thousand  to  two 
thousand  five  hundred  dollars." 

*  This  statement  we  have  shewn  to  be  incorrect  in  sereral  particulars. 


307 

The  consul,  in  a  commnnlcatlon  to  Mr.  Forsyth,  after  the  Amazon 
hnd  proceeded  to  sea,  remarked,  that  "  the  (as  I  apprelicnd  it)  un- 
justifiai^le  detention  of  that  vessel  led  not  only  to  the  destruction  of  her 
intended  voyage,  but,  as  I  am  informed,  to  her  total  loss  in  a  gale  on 
the  coast  of  Cape  Breton,  soon  after  she  was  released." 

The  Charles,  drifting  from  her  anchorage  under  a  fresh  wind  and 
heavy  sea,  (according  to  the  account  of  her  master,)  put  into  a  harbor 
for  shelter,  and  was  seized.  The  British  minister  at  Washington,  who 
considered  that  she  was  a  lawful  prize,  alleges  no  offence,  except  that 
a  ship-of-war  found  her  "at  anchor  in  Shelburne  harbor,  into  which 
she  had  not  herji  driven  by  stress  of  weather.  From  that  harbor  she  had 
alread}''  sailed  once,  after  having  previously  anchored  there,  and  had 
returned  a  second  time,  before  she  was  captured  by  the  Argus,*  the 
weather  being  fine  and  moderate  the  ivhole  time.  She  was  accordingly  de- 
tained by  Captain  Arabin,  for  a  breach  of  the  act  59  George  III, 
chapter  38,  passed  for  the  protection  of  the  British  fisheries,  in  con- 
formity with  the  stipulatiions  of  the  convention  concluded  between  his 
Majesty  and  the  United  States  on  the  20th  October,  1818.  On  the 
same  grounds  that  vessel  was  subsequently  condemned  by  the  vice- 
admiralty  court,  at  St.  John,  in  the  province  of  New  Brunswick. 

"  With  regard  to  the  equipping  of  the  said  schooner  by  the  captain  ot 
the  Argus,  and  despatching  her  in  quest  of  smugglers,  you  will  ob- 
serve, sir,  that  Admiral  Fahie  acknowledges  that  act  to  have  been 
irregular;  but  he,  at  the  same  time,  states  that  irregularity  to  have  been 
practised  then  for  the  first  time,  and  announces  that  he  has  taken 
measures  for  preventmg  the  recurrence  of  it."  But  the  Charles  was 
condemned. 

The  Hart,  while  in  a  harbor  for  wood  and  water,  assisted  one  Brown, 
a  British  subject,  (as  fishermen  often  do,)  and  was  seized  and  con- 
denmed.  Her  master  made  oath  that  he  had  "  never,  at  any  one  time, 
remained  in  any  h^u-bor  or  place  for  a  longer  period  than  twenty-four 
hours ;  that  neither  he  nor  his  crew,  since  her  departure  from  Deei* 
island,  have  taken  or  prepared  to  take  fish  of  any  kind  or  description, 
with  nets,  fines,  or  in  any  manner,  at  a  distance  from  the  coast  less  than 
fifteen  miles."  And  Brown  deposed  that  the  Hart  had  frequented  the 
Tusket  islands,  ''when,  in  his  belief,  shelter  was  necessary;"  that  she 
"was  always  brought  to  anchor  close  to  his  own  vessel;"  that  "he 
verily  beheved  that  no  herring  or  other  kinds  of  fish  were  taken  by  the 
crew  within  or  near  to  the  said  islands;"  that  when  at  these  islands, 
'^had  her  crew  attempted  to  fisli,  or  to  set  nets,  he  must  have  been 
aware  of  it;"  and  that  he;  gave  the  master,  and  one  of  the  men,  "two 
and  a  half  barr(!ls  of  herring  as  a  recompense  lor  assisting  him,  at  his 
request,  in  picking  herrings  from  his  nets,  and  in  dressing  and  salting 
fish." 

The  Eliza  carried  away  one  of  her  main  chains,  and  put  into  a  harl)or 
to  repair  the  damage;  slie  wa,s  seized,  l)ut  released  on  payment  of  a 
claim  of  lhre(!  hundred  and  tliirty-iiine  dollars  and  fifly-six  cents,  the 
amount  of  expenses  incurred  duiing  her  unlawful  detention. 

The  Mayflower  was  cairied  into  port,  but  finally  restored  on  pay- 

*  Formerly  of  th«  United  States  navy ;  captured  in  the  war  of  1812. 


308 

men!  of  a  bill  of  three  hundred  and  one  dollars  and  twenty-five  cents, 
"assessed"  against  her  by  her  unjust  captors;  the  agent  preferring  to 
liquidate  the  claim  rather  than  to  risk  further  difficulty. 

The  Three  Brothers,  relates  Lieutenant  Paine,  in  a  letter  to  Mr. 
Forsyth,  (1839,)  "having  met  with  some  injury  by  grounding,  com- 
menced lightening;  but  the  captain  was  advised  to  apply  for  permis- 
sion, and  did  so:  the  permission  was  refused,  and  the  articles  landed 
(some  barrels  of  salt)  were  seized.  This  was  afterwards  ordered  to  be 
restored  to  the  owners,  but  had  already  been  sold ;  and  the  proceeds 
are  now  in  the  hands  of  the  collector  of  customs  at  Charlottetown, 
subject  to  the  orders  of  the  honorable  the  board  of  customs  in  London, 
and  cannot  be  claimed  by  the  owners  without  first  entering  into  bonds — 
probably  ten  times  the  amount  of  the  salt  seized." 

A  second  vessel,  called  the  Charles,  having  fitted  for  the  Magdalene 
herring  fishery,  (says  the  collector  of  the  customs  of  the  district  of 
Frenchman's  Bay,  Maine,  in  a  communication  to  Mr.  Forsyth,)  "after 
making  her  fare,  on  her  return  put  into  the  harbor  called  Pirate  Cove, 
near  the  Big  Gut  of  Canso,  and  had  not  lain  there  twenty-two  hours, 
when  the  schooner  was  boarded  by  an  officer  of  the  revenue,  called  a 
seizing  officer,  and  by  him  taken  possession  of  and  carried  to  Guysbor- 
ough.  The  only  pretence  for  this  seizure  was,  that  the  schooner  was 
under  cod-fishing  license,  and  had  on  board  herrings.  The  vessel,  after 
a  detention  of  nineteen  days,  was  given  up  by  directions  from  Halifax. 
That  at  the  time  of  said  seizure,  the  officer  took  from  him  ten  barrels 
of  his  herrings,  which  have  never  been  returned;  and  the  remainder  of 
his  cargo,  by  the  detention,  has  been  nearly  all  lost.  The  name  of  the 
seizing  officer  was  John  G.  Marshall."  The  master  of  the  Charles,  he 
adds,  "is  a  very  poor  man,  and  totally  unable  to  bear  such  a  loss.  It 
is  at  his  request  I  write  to  solicit  the  aid  of  the  government  in  his  be- 
half, knowing  of  no  manner  in  which  he  can  obtain  compensation  for 
his  losses  from  this  British  officer,  but  through  his  own  government." 

The  allegation  against  the  Pilgrim  was  that  her  lines  were  cast,  and 
fish  caught,  within  one  and  a  half  mile  of  the  shore.  After  her  capture, 
her  master,  assisted  by  one  of  the  prize  crew,  rescued  her.  The  Di- 
rector and  Pallas  were  seized  for  "aggressions,"  which  do  not  distinctly 
appear  in  the  official  papers,  and  were  "ultimately  wholly  lost  to  their 
owners,"  who  claimed  redress ;  but,  as  is  beheved,  none  was  obtained. 

The  Java,  the  Hero,  and  the  Combine,  were  probably  condemned 
for  good  cause.  With  regard  to  the  first,  however,  it  may  be  said,  that 
the  American  consul  at  Hahfax,  feeling  a  deep  sympathy  for  her  owners, 
gave  directions  ibr  her  purchase  at  the  government  sale,  "if  it  was 
possible,  by  so  doing,  to  save  these  poor  men  from  ruin." 

In  the  case  of  the  Washington,  there  was  no  pretence  whatever  that 
she  had  committed  any  oflTence  under  the  convention.  When  captured, 
she  was  ten  miles  from  the  coast ;  but  being  within  the  headlands  of  the 
Bay  of  Fundy,  was  made  prize  of,  merely  on  the  claim  set  up  that  we 
could  not  rightfally  fish  in  the  waters  of  that  bay.  The  Argus  was 
seized  off  the  coast  of  Cape  Breton,  and  fifteen  miles  from  the  shore, 
upon  the  same  general  ground.  Her  owners,  in  a  letter  to  Mr.  Calhoun, 
Secretary  of  State,  say  that  she  "had  two  hundred  and  fifty  quintals 
of  fish  on  board;"  that  "the  vessel  was  valuable  to  them  and  to  her 


309 

crew,  who  were  turned  on  shore  without  funds  or  means  to  help  them 
home." 

The  Hope  was  captured  without  cause ;  was  tried  in  the  court  of 
admirahy,  and  restored.  Her  master  and  crew  had  j)reviously  exerted 
themselves  to  save  the  lives  of  the  crew  of  an  English  vessel. 

The  Commerce  was  seized  in  the  Gulf  of  St.  Lawrence.  The  cap- 
tain states  the  facts  as  follows:  "While  employed,"  he  says,  in  dress- 
ing the  mackerel  which  they  had  caught  (on  that  d;iy,)  "there  came  on 
a  gale  so  severe  that  the  vessel  was  hove  down  on  her  beam-ends  ;  part 
of  the  fish,  to  the  amount  of  fifteen  barrels,  was  washed  overboard,  the 
rest  being  stowed  in  the  hold ;  the  only  boat  was  carried  away,  and  the 
gib  was  split  in  two."  The  next  morning,  being  near  the  harbor  of 
Port  Hood,  he  thought  "it  prudent  to  put  in  to  repair  sails,  and  pro- 
cure a  boat.  On  arriving  there  he  came  to  anchor,  at  9  o'clock;  and 
whik^  salting  the  fish,  to  keep  them  from  spoiling,  and  waiting  for  the 
sails  to  dry,"  the  commander  of  a  colonial  cutter  came  on  board,  from 
an  old  black  fishing-shallop,  with  eleven  men,  and  told  him  that  he 
"had  violated  the  treaty  by  salting  his  mackerel  in  the  harbor."  The 
colonial  officer  "put  the  men,  except  two,  on  shore,  without  money  or 
friends,  and  took  tlie  vessel,  with  the  captain  and  the  two  other  men,  to 
the  Gut  of  Canso,  where  his  cutter  was  l3dng,  and  on  the  following 
day  to  Arichat.  The  vessel  was  here  stripped  of  her  sails  and  rig- 
ging." On  a  hearing  before  the  admiralty  court,  the  Commerce  was  re- 
leased; and,  contiuues  the  captain,  he  "received  an  order,  which  was 
sealed  up,  addressed  to  the  officer  at  Arichat,  directing,  as  he  was  in- 
formed, the  clearance  of  his  vessel  free  of  all  expenses,  and  leaving 
him  to  get  back  as  he  could.  On  arriving  at  Arichat,  he  found  one 
anchor  taken  from  his  vessel,  and  he  was  compelled  to  pay  $22  for 
wharfage,  and  for  taking  care  of  the  vessel."  Tfie  American  consul 
for  Cape  Breton,  Nova  Scotia,  and  Newfoundland,  corroborates  the 
captain  in  the  most  important  particulars.  He  remarks:  "  Off"  Prince 
Edward  Island,  one  of  our  fishing-vessels  lost  her  boat  and  injured 
her  sails,  and  was  obliged  to  put  into  Port  Hood  for  a  harbor.  While 
there  the  captain  was  cleaning  some  of  his  mackerel,  when  his  vessel 
was  seized  by  the  British  revenue  cutter  and  taken  into  Arichat,  where 
the  vessel  was  stripped  of  all  her  sails.  As  soon  as  I  heard  of  the  par- 
ticulars from  my  consular  agent  at  Port  Hood,  I  immediately  informed 
our  government  of  the  facts,  and  laid  the  case  before  the  authorities  at 
Halifix,  who,  after  a  delay  of  some  three  months,  concluded  to  release 
the  vessel;  the  consequence  was,  the  owners  were  put  to  great  ex- 
pense, and  the  captain  and  crew,  rruutu  of  whom  hid  large  families,  lost 
their  Viliole  fahing  scaxon.^'' 

'i'he  number  of  our  fishing  vessels  seized  b(.'tween  ISIS  and  ISol 
was  fifiy-one;  of  which,  twenty-six  were  released  without  trial  or  by 
decree  of  the  admiralty  court,  and  twenty-five  were  condcmncfl.  'fhe 
caiscs  which  we  have  examined  embrace;  u{)wards  of  one-hall  ot  ilm 
whole  rmmber  captured  during  a  period  of"  more  than  tliirty  yenrs. 
Fifle(;ii  or  sixteen  thf)usand  voyages,  at  the  lowest  conijiutalion,  must 
have  been  ni;i(lc  lo  llic  coastof  Nova  Scotia,  New  Brunswick,  and  l*iince 
Eward  Isl.uid;  and  y<t,  notwithstanding  the  hostile;  spirit  wliieli  has  been 
manilested  by  tiic  first-named  colony,  liom  the  first,  and  notwithstanding 


310 

the  inducements  held  out  to  the  colonial  officers  by  the  provisions  of 
the  act  of  1836,  there  have  been  barely  fiity-one  prizes.  In  view  of 
this  fact,  the  story  of  "American  aggressions,"  with  which  the  world 
has  rung  for  upwards  of  a  generation,  becomes  a  mere  fable. 

Of  the  cases  which  we  have  noticed  somewhat  minutely,  there  is  not 
one  of  a  flagrant  nature.  Those  of  the  Reindeer  and  Ruby  are  seem- 
ingly such  ;  but  whoever  reads  the  statement  of  the  British  officer  with 
care,  will  hardly  find  satisfactory  proof,  even  by  his  own  showing,  that 
the  muskets  of  which  he  speaks  were  fired  from  these  very  vessels,  or 
that  they  were  concerned  in  the  outrages  of  which  he  complains.  Cer- 
tain it  is,  that  the  masters  and  owners,  who  were  known  to  me,  denied 
the  allegations  made  against  them ;  and  that  the  injustice  of  the  seizure, 
and  the  tardy  redress  to  be  obtained  by  an  apphcation  to  our  govern- 
ment— as  understood  at  the  time — were  the  causes  of  the  rescue. 

The  pretences  upon  which  some  of  the  twenty-eight  vessels  included 
in  our  examination  were  seized,  are  disgraceful  beyond  degree;  and 
that  of  the  number,  several  were  condemned  without  the  shadow  of  a 
reason,  beyond  the  poverty  of  the  owners,  the  iniquitous  provisions  of 
the  act  of  1836,  and  the  enormous  expenses  which  attend  litigation, 
cannot  be  doubted. 

The  American  consul  at  Halifax,  addressing  the  executive  of  Nova 
Scotia  on  the  subject,  observed  to  his  Excellency,  that  "  a  claimant 
must  be  in  a  situation  to  procure  funds  to  employ  lawyers,  and  to  pay 
heavy  court  expenses  under  the  vice-admiralty  table  of  fees;  which 
cannot  be  done  in  any  of  these  cases,  as  I  am  informed  by  professional 
men,  under  an  advance  of  at  least  thirty  or  forty  pounds  currency: 
adding  to  this  the  security  of  sixty  pounds,  it  is  evident  that  the  owner 
of  each  vessel  so  seized  must  either  send  on  funds  or  letters  of  credit  to 
the  extent  of  one  hundred  pounds,  before  he  can  oppose  the  seizure,  or, 
otherwise,  the  vessel  will  or  may  be  condemned  by  default. 

"  This  sum  is,  perhaps,  as  much  as  any  of  these  small  vessels  are 
worth,  and  the  claimant,  if  able  to  pay  it,  must  actually  place  at  hazard 
the  one  hundred  pounds  mentioned,  in  addition  to  his  property  seized; 
and  although,  perhaps,  quite  innocent  of  any  offence,  must  depend  upon 
the  proverbial  uncertainty  of  litigation  for  the  recovery  of  any  part  of 
the  property  or  money  in  such  danger." 

In  a  communication  to  the  owners  of  the  Argus,  he  says : 

"  The  expenses  in  the  court  are  very  heavy,  and  previous  to  defend- 
ing a  suit,  the  judge  requires  security  to  the  amount  of  three  hundred 
dollars;  so  that,  generally  speaking,  it  is  better  to  let  the  suit  go  by  de- 
fault, and  purchase  the  vessel  after  condemnation." 

Lieutenant  Paine,  previous  to  his  cruise  in  the  Grampus,  entertained^ 
the  opinion  which  has  often  been  expressed  during  the  disturbances  of 
the  present  year,  (1852,)  that  "  the  vessels  seized  had  been  generally 
guilty  of  systematic  violation  of  the  revenue  laws  ;"  but  he  confesses 
that  he  "  was  soon  led  to  suspect  that  this  was  not  the  cause,  so  much 
as  a  pretence  for  seizing."  And  he  states  further,  that  "  a  vessel  once 
seized  must  be  condemned,  unless  released  as  a  favor;  because  the 
owners  will  not  claim  her  under  the  present  laws  of  Nova  Scotia,  where 
the  only  seizures  have  taken  place." 

The  consular  agent  of  the  United  States  for  the  port  of  Yarmouth, 


311 

who  is  a  legal  gentlemnn,  nnd  a  person  of  great  private  worth,  gave 
the  opinion,  in  the  cases  of  the  Independence  and  the  Hart,  that  "the 
evidence  was  insufficient  to  anthorize  their  seizure;"  yet  we  have  seen 
that  both  were  confiscated.  Mr.  Barnes,  the  naval  officer  of  Boston,* 
in  reply  to  the  collector  of  that  port,  wlio  desir(ul  information  in  n.'lation 
to  the  seizures  made  in  1S39,  states,  that  "  while  at  Yarmouth  I  had 
the  pleasure  of  meeting  very  many  highly  respectable  and  intelligent 
gentlemen  of  that  town,  who  seemed  deeply  to  regi-et  that  their  own 
government  officers  should  have  proceeded  with  so  much  rigor  against 
the  American  fishing  craft,  belic^vlng  with  the  consul  and  the  Americans 
g(Mierally,  that,  in  a  majority  of  cases,  the  seizures  had  been  made  for 
causes  of  the  most  trivial  character."  He  adds:  "  It  is  perfectly  cer- 
tain that  our  fishermen  must  have  the  right  to  resort  to  the  shores  of  the 
British  provinces  for  shelter  in  bad  weather,  for  fuel,  and  for  water, 
unmolested  by  British  armed  cruisers,  or  this  important  branch  of 
American  industry  must  be,  to  a  very  great  extent,  abandoned.  It 
affords  l)ut  poor  consolation  to  the  fisherman,  whose  vessel  has  been 
wantonly  captured,  and  who  finds  himself  and  his  friends  on  shore 
among  foreigners  already  sufficiently  prejudiced  against  him,  without 
provisions  and  without  money,  to  be  told  that  the  court  of  vice-admiralty 
will  see  that  justice  is  done  him,  and  that,  if  innocent,  his  vessel  will 
be  restored  to  him.  The  expenses  ol"  his  defence  and  the  loss  of  the 
fishing  season  are  his  ruin." 

The  officer  who  for  many  years  made  the  greatest  number  of  cap- 
tures died  in  1851.  It  was  the  opinion  of  Lieutenant  Paine,  in  1839, 
that  he  was  "prompted  as  well  by  his  interest  as  by  the  certainty  of 
impunity"  in  his  course  towards  our  countrymen.  We  may  now  pass 
lightly  over  his  proceedings,  remarking  onl}'  that,  the  year  previous  to 
his  decease,  he  levied  contributions  upon  some  of  the  masters  of  fishing 
vessels  he  met  with,  compelling  them  to  give  him  five,  ten,  or  twenty 
barrels  of  mackerel,  according  to  circumstances,  on  pain  of  capture 
for  refusal. t 

To  avoid  misapprehension,  I  deem  it  })ropcr  to  observe,  in  conclu- 
sion, that  I  have  not  designed  to  censure  the  admiralty  court.  As  long 
ago  as  the  war  of  1812,  that  tribunal  restored  to  the  Academy  of  Arts 
of  Philadelphia  a  case  of  Italian  paintings  and  prints  captured  by  a 
British  vessel  and  sent  into  Halifax,  on  the  ground  that  "the  arts  and 
sciences  were  a(hnitted  to  l()rm  an  exception  to  the  sevc^'e  rights  of 
warfare."  It  has  lost  none  of  its  character  since.  Its  decisions  rest 
on  the  law  and  the  testimonv.  Still,  since  integrity  and  learning  upon 
the  bench  are  insufficient  ti)  insure  justice  without  honest  witnesses 
uj)on  the  stand,  American  vessels  have  sometimes  b(>cn  condemned 
wrongfully. 

The  discussion  mav  end  luic.  The  political  leaders  of  Nova  Scotia 
have  succeeded  in  disturbing  the  fHendly  relations  which  for  a  long 
period  existed  between  England  and  the  United  States.     "We  have 

*  In  1839. 

tTlir-ro  Kcfms  no  roason  fo  (l(m'>t  ttiiw  utat^'inpiif,  wliicli  rests  on  tlio  declarations  of  the 
persons  concfrncd.  It  is  said,  fiirtlicr,  that,  this  olllcor  dared  not  to  dispose  of  tlie  tisli  atl^^r 
he  tiad  ol)tained  thi^n,  an<l  that  liiey  were  Kuilered  to  remain  in  store  u  loni;  time.  Kepro- 
aeutations  on  the  suhject  were  luude  to  Mr.  Wchster,  Secretary  of  Htate,  iu  March,  lSo2. 


312 

been  on  the  verge  of  a  war,"  says  the  London  Times,  "with  a  nation 
which,  from  its  identity  in  race  and  language  with  ourselves,  would 
have  proved  a  truly  formidable  enemy — a  maritime  and  commercial 
people,  who  would  have  met  us  with  our  own  arms,  pn  our  own 
element,  and  visited  our  commerce  with  mischiefs  similar  to  those 
which  we  should  have  inflicted  upon  theirs.  So  closely  are  the  two  coun- 
tries united,  that  every  injury  wc  might  ivflict  on  our  enemy  would  have  been 
almost  as  injuriovs  to  our  merchants  as  bombarding  our  towns  or  sinldng  our 
own  shljis.''  And  it  continues :  "  It  is  no  exaggeration  to  say  that  with  this 
people  we  were  on  the  very  verge  of  war;  for,  had  we  persevered  in 
carrying  out  with  a  high  hand,  by  seizure  and  confiscation,  our  own 
interpretation  of  the  treaty,  a  collision  with  the  American  commodore* 
was  unavoidable;  and  such  a  collision  must  almost  necessarily  have 
been  followed  by  a  formal  declaration  of  hostilities.  Now,  what  is  the 
question  which  has  so  nearly  led  to  such  serious  results?  It  is  simply 
whether  a  certain  quantity  of  salt-fish  consumed  in  these  islands  shall 
be  caught  by  citizens  of  the  United  States  or  natives  of  our  own  colo- 
nies. The  question  whether  American  Jishermen  shall  be  allowed  to  sjjrcad 
tJieir  nets  in  the  Bay  of  Fundy  is  one  in  which  the  pwple  of  this  country 
have  no  imaginable  i?iterest:  they  will  neither  be  richer  nor  poorer, 
stronger  nor  weaker,  more  admired  nor  more  feared,  should  they 
secure  the  monopoly  of  fishing  in  these  northern  waters  to  the  inhabit- 
ants of  the  scacoast  of  our  North  American  colonies." 

These  are  significant  declarations.  Still  further,  says  this  powerful 
press:  "We  are,  in  fact,  in  this  disagreeable  position,  that,  according 
to  the  present  compact  between  the  mother  country  and  her  colonies, 
she  is  obliged  to  take  up  quarrels  in  ivhich  her  interests  are  in  no  way  involved, 
and  is  boimd  over  as  surety  for  the  good  behavior  of  governments  and  legis- 
latures actuated  byfelings,  principles,  and  interests  totally  different  from  her 
own,  and  over  ivhose  actions  she  has  renounced  all  efficient  control.^'' 

It  is  precisely  so;  and  the  London  Times  might  have  spoken  of  one 
of  these  colonies  as  did  Mr.  Burke.t  "The  province  of  Nova  Scotia," 
said  he,  "is  the  youngest  and  fiivorite  child  of  the  board.J  Good  God! 
what  sums  the  nursing  of  that  ill-thriven,  hard-visaged,  and  illfavored  brat 
has  cost  this  wittol\[  nation!  Sir,  this  colony  has  stood  us  in  a  sum  not  less 
than  seven  hundred  thousand  poimds.  To  tJiis  day,  it  has  made  no  reya/y- 
ment:  it  does  not  even  supyort  those  offces  of  expense  which  are  miscalled  its 
government.  The  whole  of  that  job  still  lies  upon  the  patient,  callous  shoul- 
ders of  the  people  of  En  glands 

I  have  not  designed,  in  the  strictures  which  have  appeared  in  this 
paper,  to  include  the  great  mass  of  the  people  of  Nova  Scotia.  Terms 
of  severity,  whenever  found,  have  been  designed  entirely  for  the  busy, 
restless  politicians  of  that  colony,  who  originally  stirred  up,  and  have 
kept  alive,  the  existing  strife.  The  people,  as  a  body,  I  am  persuaded, 
■entertain  no  feelings  of  hostility  towards  us.  If  allowed,  they  would 
afford  us  all  possible  aid  in  conducting  our  enterprises  in  their  waters, 


*  Commodore  Perry,  in  the  steamer  Mississippi. 

t  Speech  on  economical  reform,  House  of  Commons,  February  11,  1780. 

X  Board  of  Trade  and  Plantations. 

U  Witol,  wittal,  or  wittol :  an  old  Saxou  word,  signifying  a  contented  cuclcold. 


313 

and  would  deal  with  us  in  the  most  neighborly  and  liberal  manner. 
They  are  willing  to  admit  that  there  are  fish  enough  both  for  themselves 
and  for  us.  We  are  to  spare  our  censures  of  colonial  fishermen,  then, 
and  to  speak  harshly  (jf  llie  political  men  alone  who,  \hr  purposes  of 
their  own,  have  conceived  plans  which,  if  executed,  will  do  vast  injury 
to  us,  and  ultimately  to  the  colonists  themselves;  for  it  is  not  to  be 
overlooked  that  retaliatory  legislation  on  the  part  of  Congress  would 
utterly  ruin  the  colonial  fisheries. 


POSTSCRIPT. 

Until  the  last  page  of  this  report  was  put  in  type  I  indulged  the  de- 
sign to  compile  and  insert  a  table,  to  show  the  condition  of  the  sea 
fisheries  of  the  United  States  during  the  ten  years  ending  in  1850. 
The  materials  which  1  had  obtained  from  the  private  sources  open  to 
me,  as  digested  to  satisfy  my  own  mind,  proved  the  decline  in  some 
branches  to  have  been  so  great,  (the  increase  of  the  population,  and 
consequently  of  the  consumers  of  fish,  considered,)  that  I  almost 
doubted  the  accuracy  of  the  results  at  which  I  arrived.  The  only 
course,  und(n-  these  circumstances,  was  to  defer  the  execution  of  my 
plan  until  I  could  have  access  to  official  documents  at  the  seat  of  gov- 
ernment. 

On  application  to  J.  C.  G.  Kennedy,  esq..  Superintendent  of  the 
Census  Office,  I  am  kindly  furnished  with  the  accompanying  statistics 
relative  to  the  cod  and  mackerel  fisheries,  which  show  that  these  branches 
of  industry  were,  in  1850,  in  a  more  declining  state  than  I  had  appre- 
hended. In  Maine,  in  New  Hampshire,  and  Connecticut,  there  has  been 
less  change  than  in  Massachusetts.  With  regard  to  the  latter  State,  I 
incline  to  believe  that  in  the  amount  of  capital  invested,  and  in  the 
number  of  men  employed,  as  well  as  in  the  value  of  the  catch,  the  de- 
crease (to  consider  the  two  fisheries  together)  was  one  quarter  less  in 
1850  than  ten  years  previously. 

Such  is  certainly  the  fict,  if  the  statistical  matter  furnished  me  by 
Mr.  Kennedy  be  accurate.  This  matter  is  official.  To  assume  that 
the  returns  to  the  Census  Bureau  are  inaccurate,  or  that,  if  essentially 
correct  when  completed  by  the  respective  local  officers,  important 
mistakes  have  been  made  at  Washington  in  prepaiing  the  "abstracts," 
is  to  cast  suspicion  upon  the  accuracy  of"  the  entirt^  statistics  to  be  con- 
tained in  the  census  report;  since  no  reason  can  be  given  for  errors  in 
the  figures  that  relate  to  the  fisheries,  which  will  not  apply  with  equal 
force  to  every  other  branch  of  our  industry.  But  to  achnit,  for  the  mo- 
ment, that  errors  do  actually  exist,  it  will  not  be  pretended,  T  suppose, 
that  the  finictionaries  of  the;  governmenl,  anywhcr(\  have;  been  so  very 
remiss  as  to  destroy  all  confidence  in  the  results  whicli,  in  due  time, 
are  to  be  presented  to  the  country.  Without  the  aid  of  Mr.  Kennedy's 
statements,  I  was  prepared,  as  before  remarked,  to  find,  by  a  careful 
comparison  of  the  two  periods,  that  th(>r(;  had  be(m  a  sensible  di crease 
in  the  fislicncs  niciilioucd,  at  least  in  Massachusetts. 

Still,  to  abandon  absulutelv  the  official  statistics,  and  those  which  I 


314 

had  previously  procured,  I  yet  contend  that  there  has  been  a  positive 
decline,  unless  the  jirodncers  of  fish  have  increased  as  fast  as  the  consumers 
have  done.  The  population  of  the  United  States  was  several  millions 
greater  in  1850  than  it  was  in  1840 ;  while  the  means  of  transporting 
fish  and  other  productions,  during  this  decade,  were  multiplied  beyond 
example  in  our  histor3^  A  corresponding  increase  in  capital  and  men 
employed  in  the  cod  and  mackerel  fisheries  ought  therefore  to  be  shown, 
in  order  to  prove  that  our  citizens  who  are  engaged  in  these  pursuits 
were,  as  a  class,  in  a  prosperous  condition.  This  conclusion  will  not, 
it  is  believed,  be  denied. 

From  my  personal  observations,  I  conclude  that  there  was  a  slight 
improvement  in  a  part  of  Massachusetts  in  1851,  which  continued 
until  the  spring  of  the  following  year.  To  again  repeat  the  words 
uttered  in  the  first  Congress  by  Fisher  Ames,  many  of  the  fishermen 
are  "too  poor  to  remain,  too  poor  to  remove;"  and  thus  compelled,  by 
the  necessities  of  their  position,  to  persevere  in  their  adventures  upon 
the  sea,  they  endeavored,  two  years  ago,  by  greater  industry  and  skill, 
by  a  better  use  of  time  and  a  more  economical  use  of  outfits,  to  com- 
pete with  the  British  colonists,  and  thus  to  preserve  to  themselves  their 
ascendency  in  the  markets  of  their  own  country.  The  course  of  events 
on  the  fishing  grounds  from  July,  1852,  to  the  close  of  the  season,  is 
yet  fresh  in  the  public  mind,  and  need  not  be  related  here.  It  is  suf- 
ficient to  remark,  that  the  results  to  our  countrymen  were  disastrous  to 
a  degree  never  before  known  in  time  of  peace.  The  presence  of  her 
Majesty's  cruisers  in  the  waters  in  dispute  between  the  two  govern- 
ments nearly  ruined  some,  and  injured  all,  who  adventured  thither, 
and  was  the  occasion  of  despondency  and  suffering  at  many  firesides 
in  Massachusetts  and  elsewhere  in  New  England.  There  can  be  no 
change  for  the  better  while  the  controversy  as  to  the  intent  and  mean- 
ing of  the  convention  of  1818  shall  continue.  The  fishermen  can- 
not  remain  idle:  the  fishing  vessels  cannot  remain  at  their  owners' 
wharves  to  rot.  Both,  from  absolute  necessity,  must  be  employed; 
both — to  use  an  emphatic  phrase  of  the  needy  and  stai'ving — both 
"  must  do  something.'''' 

Again:  the  statistics  which  follow  show  that  the  number  of  men 
employed  in  the  cod  and  mackerel  fisheries  in  1850,  in  the  four  States, 
was  11,860;  that  the  monthly  earnings  of  these  men,  in  Massachusetts, 
was  $137,995;  in  Maine,  $51,829;  in  Connecticut,  $16,082;  in  New 
Hampshire,  $3,000.  The  aggregate,  ($208,906,)  divided,  is  less  than 
eighteen  dollars  per  month  to  each  man.  To  assume  (what,  on  the 
average,  is  not  far  fi-om  the  fact)  that,  including  the  time  of  fitting  for 
sea,  the  fishermen  are  annually  employed  eight  months,  each  earned, 
in  1850,  less  than  one  hundred  and  forty-four  dollars ;  and  to  add 
another  month,  only  about  one  hundred  and  sixty  dollars. 

It  will  be  seen  that  these  calculations  substantially  correspond  with 
the  statements  which  are  contained  in  the  body  of  this  report,  as  ascer- 
tained from  a  different  source.  I  am  satisfied  that  they  are  essen- 
tially correct.  It  is  possible  that  the  fishermen  who  were  employed  in 
1852,  in  waters  not  in  dispute,  earned  the  maximum  here  given;  but 
those  who  visited  the  Gulf  of  St.  Lawrence,  and  the  seas  adjacent, 
could  not  have  received,  (if  "sharesmen,"  as  most  of  them  were,)  ©n 


315 

an  average,  more  than  one-hnlf  of  the  sum  stated  as  tlie  average  in 
1850.  While  at  Gloucester  (December,  IS52)  I  made  a  det;jil(;d  esti- 
mate of  the  aggregate  loss  of  the  people  of  that  town  during  the  season 
just  closed,  and  found  that  it  was  6e7'^«w//^  quite  one  hundred  and  fifteen 
thousand  dollars,  aside  from  the  wreck  of  vessels  and  the  ordinary 
casualties  of  maritime  (niterpriscs.  The  whole  of  this  large  loss  I  attrib- 
ute to  the  course  pursued  by  the  colonial  authorities,  and  the  oflicers  of 
her  Mnjcsty's  ships-of-war.  For  other  fishing  towns  my  data  is  less 
complete ;  but  the  loss  to  all  New  England,  from  the  same  sources  of 
amioyance  and  interruption  to  our  flag,  was  a  quarter  of  a  million  of 
dollars  at  the  lowest  computation.  Surely,  our  fishermen  cannot  long 
bear  this  state  of  thino-s  without  becoming  beei>;irs. 

They  feel  that  they  have  no  assurance  of  the  continuance  of  the 
bounty  to  tlie  cod-fishery,  and  they  know  by  some  years  of  experience, 
that  under  the  present  tarifTand  the  warehousing  system,  when  unmo- 
lested by  their  competitors,  their  hope  of  earning  a  bare  subsistence  is 
less  than  ever  before ;  and  they  appeal  to  the  country  which  they  have 
always  serv^ed,  faithfully  served,  in  war,  for  relief.  They  are  certain 
that,  without  more  protection  than  they  now  receive,  they  cannot  keep 
the  sea. 

The  duty  of  twenty  per  cent,  on  colonial  fish,  when  put  in  the  gov- 
ernment warehouses  for  export,*  as  every  one  can  perceive,  is  merely 
nominal.  Already  the  colonists,  under  this  arrangement,  enjoy  a  large 
share  of  the  export  trade  of  the  United  States ;  and,  as  a  consequence 
of  the  recent  change  in  the  bounty  system  of  France, t  the  subjects  of 
that  empire  are  to  appear  in  our  ports  to  still  further  depress  the  industry 
of  the  class  whose  discouragements  are  almost  insupportable,  from  the 
various  causes  which  have  been  discussed  in  this  report. 

I  cannot  forbear  to  add,  that  had  our  statesmen  stood  by  the  doctrine 
which  was  asserted  and  maintained  at  Ghent  by  the  American  commis- 
sioners, one  source  of  calamity  at  least  would  have  been  spared  to  our 
fishermen.  The  rights  guarantied  to  us  formed  a  part  of,  and  in  their 
very  nature  were  as  perpetual  as,  our  independence  as  a  nation.  The 
first  article  of  the  convention  of  ISIS  should  never  have  been  agreed 
to  by  our  government.  The  third  aiticle  of  the  treaty  of  17S3  ought 
never  to  have  been  stricken  from  that  instrument.  It  is  too  late  to 
correct  the  mistake.  Our  national  faith  is  pledged  that  our  flag  shall 
nowhere  interfere  with  the  colonial  shore  fisheries,  and  we  must  abide 
by  the  contract.  But  it  behooves  us  to  see  to  it  that  we  part  with  no 
more  of  the  rights  which,  won  in  the  wars  between  France  and  Eng- 
land, were  bcijueathed  to  us  by  the  men  who  broke  the  bonds  of  our 
colonial  vassalag<;.  Strange  it  is  that  we  are  at  tliis  moment  willing  to 
ofier  the  colonists  the  privilege  of  our  market  without  the  payment  of 
any  duty  whatever  on  the  productions  of"  the  sea,  when  originally,  and 
until   1S18,  we  possessed  subst;intially  all  the  rights  to  their  fishing 

*  About  200,000  l)firr('lH  of  j)icklo(l  fish  (forciKn  cimclit  mid  cTirod)  woro  wiirohousod  at 
lio-stipii,  jiiid  fxjtoitcd  trom  tli.il  |ioit„  in  IHfd.  'llic  (jiiaiitity  iu  1852  Las  not  bt;eu  aacoilJiiut'd, 
but  I  Icam  from  nti  otliciiil  soiirc'f  tliuL  it  whh  Iiirt;t". 

t  The  Frt'nch  liiivc,  in  fiict,  (loiniiicnccd  hrin^'iii;!  their  codfish  to  our  iiiiirkcts.  One  boiiso 
in  Boston  purchased,  in  1H,V2,  u])wardH  of  six  tiiiiiisiind  iiiiintiils;  and  Heverid  other  houws 
were  buynrs  to  a  consiflerablt!  oxtont.  Probably  :JO,UOL)  tjuinlulH  were  sold  in  Hostou  during 
tbo  latit  yoar. 


316 

grounds  which  we  can  now  possibly  obtain,  and  the  right  also  lo 
tax  their  fish  to  the  extent  of  entire  prohibition.  In  other  words,  we 
could  once  catch  fish  where  we  pleased,  and  impose  what  duty  we 
pleased  on  the  produce  of  the  colonial  fisheries;  but,  as  the  direct 
result  of  the  convention  of  1818,  we  offer  to  relinquish  the  latter  right 
without  condition,  to  get  back,  to  make  good,  the  former  one. 

Statistics  of  the  cod  and  maclterel  fisheries  of  Maine,  New  Hampshire,  Mas- 
sachusetts, and  Connecticut,  June  1,  1850,  as  derived  at  the  Census  Offi,C€, 
Washington. 


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O" 

m 

>  o 

Maine* 

$491, 430 

2, 732 

$51,829 

173, 094 

15,241 

$558, 250 

New  Hampshire . . 

42, 700 

300 

3,000 

19,550 

1,060 

59, 281 

Massachusetts  t  -- 

2, 127, 885 

7,917 

137, 995 

215, 170 

236, 468 

2, 188, 441 

Comiecticut 

279,  300 

911 

16,  082 

No  return. 

No  return. 

261,683 

2, 941, 315 

11,860 

208, 906 

407, 814 

252, 769 

3,  067, 655 

'  The  return  of  the  herring  fishery  of  Maine  is  29,685  boxes  of  smoked,  of  the  value  of  $11,626. 

t  Note. 


County. 


Capital. 


Men. 


Wages  or 
earnings. 


Quintals  of 
cod. 


Barrels   of 
mackerel. 


Barnstable 
Dukes  (a) . 

E^ssex 

Nantucket 
Norfolk  . . . 
Plymouth  . 
guffolk . . . 


$1,230, 
12, 
699, 
8. 
93^ 
73, 
10. 


4,719 

68 

2,144 

40 

607 

331 


$73,941 

1,284 

45,491 

680 

9,305 

7,054 

240 


83,860 

2,000 

126,  .530 

980 

],800 

No  return. 

No  return. 


114,530 
3.472 
77.005 
'487 
15,329 
1.5,650 
10,000 


$1,031,027 
18,047 
836,112 
6,1.56 
104.161 
112,938 
80,000 


2,127,885 


7,917 


137,995 


215, 170 


236,468 


2,188,441 


(a)  1,250  barrels  of  herrings  returned  from  Dukes  county. 

The  statistics  of  1840  show  that  in  Maine  the  catch  of  codfish  was 
106,062  quintals  more  than  in  1850.  In  Massachusetts  the  difference 
was  still  greater,  the  quantity  in  the  former  year  being  389,715  quin- 
tals ;  in  the  latter,  only  215,170. 

The  returns  of  1840  give  the  catch  of  mackerel  in  Maine  at  54,171 
barrels  ;  and  in  Massachusetts  at  1 24,755  barrels.  By  comparing  these 
figures  with  the  above  table,  it  will  be  seen  that  the  quantity  was  much 
diminished  in  the  former  State  in  1850,  and  much  increased  the  same 
year  in  the  latter. 

The  aggregate  decrease  in  the  produce  of  the  cod-fishery  in  Maine, 
New  Hampshire,  and  Massachusetts  is  very  large — the  table  for  1850 
showing  the  catch  to  have  been  407,814  quintals,  while  in  1840  it  was 
697,128  quintals. 


317 


NOTE. 

I  hoped  to  conclude  with  the  wclconio  annunciation  that  the  controversy  between  England 
and  the  United  States,  rehitive  to  tiie  intent  and  nieiming  of  the  first  article  of  the  conven- 
tion of  1818,  had  been  brought  to  a  close.     Such,  howerer.  is  not  the  fact. 

I  may  be  peniiitted  to  remark,  also,  that  as  the  despatches  of  the  lion.  Abbott  Lawrence, 
our  late  accomplished  envoy  to  tlio  court  of  St.  James,  relative  to  this  subject,  have  not  been 
made  public,  an  account  of  his  endeavors  to  eftect  an  adjustment  of  the  difficulties  between 
the  two  governments  could  not  be  embraced  in  this  report.  It  is  understood,  unofficially, 
that  Mr.  Lawrence  (but  for  circumstances  not  to  be  related  here)  might  possibly  have  concluded 
an  arrangement  which  would  have  been  satisfactory  to  his  countrymen  and  have  insured 
future  peace  upon  the  fishing  grounds. 

Should  the  l>ill  "  To  regulate  the  rights  of  fishing,  and  the  rights  of  disposing  of  the  proceeds 
qflhefsherics  in  and  between  t/te  British  North  American  provinces  and  the  I'nitid  Htntes,'^  which 
was  introduced  into  the  Senate  on  the  oth  of  February,  1853,  by  the  Hon.  John  Davis,  become 
a  law,  the  object  so  much  to  be  desired  may  be  accomplished  before  the  opening  of  the;  next 
fishing  season.  The  friends  of  Mr.  Davis  cannot  wish  for  him  greater  honor,  at  the  close  of  a 
long  and  useful  public  career,  than  the  paternity  of  a  measure  so  important  to  his  native  Com- 
monwealth and  to  the  whole  country. 


/ 


FOURTEEN  DAY  USE^owBB 

RETURN  TO  DESK  PROM  WICH 


•S-t.D  21-l00w-2,'55 


neneral  Library     . 


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